IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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WIISTII.N.Y.  14SM 
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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notat/Notaa  tachniquaa  at  bibliographlquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  avaiiabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  unlqua, 
which  may  altar  any  of  tha  imagaa  In  tha 
raproduction,  or  which  may  aignlficantly  changa 
tha  uaual  mathod  of  filming,  ara  chaclcad  balow. 


D 


D 


n 


Colourad  covara/ 
Couvartura  da  coulaur 


I     I   Covara  damaged/ 


Couvartura  andommagte 

Covara  raatorad  and/or  laminatad/ 
Couvartura  raataurte  at/ou  palliouMa 


□   Cover  titia  miaaing/ 
La 


titra  da  couvartura  manqua 

Colourad  mapa/ 

Cartaa  gAographiquaa  an  coulaur 

Colourad  ink  (l.a.  othar  than  blue  or  black)/ 
Encra  da  coulaur  (l.a.  autra  qua  blaua  ou  noira) 

Colourad  plataa  and/or  iiluatrationa/ 
Planchaa  at/ou  iiluatrationa  an  coulaur 


D 


Bound  with  othar  material/ 
Rail*  avac  d'autrea  documenta 

Tight  binding  may  eauae  ahadowa  or  diatortlon 
along  Interior  margin/ 

La  re  llure  aerrAe  paut  cauaar  da  i'ombre  ou  de  la 
diatortlon  le  long  de  la  marge  IntMeure 

Blank  leavea  added  during  reatoration  may 
appear  within  the  text.  Whenever  poaalble,  theae 
have  been  omitted  from  filming/ 
II  ae  paut  que  certainea  pagea  blanchea  ajoutiea 
lore  d'une  reatauration  apparalaaent  dana  le  texte, 
mala,  ioraque  cela  Atalt  poaalble,  cea  pagea  n'ont 
pea  Mt  filmAaa. 

Additional  commenta:/ 
Commentairea  aupplimantairaa: 


L'Inatitut  a  microfilm*  la  melileur  exemplaire 
qu'il  iul  a  §tt  poaalble  de  ae  procurer.  Lea  dAt'aiia 
de  cet  exemplaire  qui  aont  peut-4tre  uniquea  du 
point  de  vuc  bibliographlqua,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dana  la  m4thode  normala  de  fllmaga 
aont  indlqute  ci-daaaoua. 


D 
D 
D 
□ 
D 
0 
D 
D 
D 
D 


Coloured  pagea/ 
Pagea  de  couieur 

Pagea  damaged/ 
Pagea  endommagtea 

Pagea  raatorad  and/or  laminated/ 
Pagee  reataurtea  at/ou  peliicul4ea 

Pagea  diacoloured,  atained  or  foxed/ 
Pagee  dAcoiortea,  tachetAea  ou  piqutea 

Pagee  detached/ 
Pagea  d4tach4ea 

Showthrough/ 
Tranaparance 

Quality  of  print  variea/ 
OUialit*  InAjBala  de  I'lmpreaalon 

Includee  aupplementary  material/ 
Comprend  du  material  auppMmentaIre 

Only  edition  available/ 
Seule  Adition  diaponlble 

Pagee  wholly  or  partially  obacured  by  errata 
riipa,  tiaauea,  etc.,  have  been  ref limed  to 
enaure  tha  beat  poaalble  image/ 
Lea  pagea  totalement  ou  partlellement 
obacureiaa  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  At4  filmiea  i  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  poaalble. 


Thia  item  la  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  eat  filmi  au  taux  da  rMuctton  indiquA  ci-deeaoua. 

IPX  14X  18X ax 

I    I    I    I    I    I    I    I    I    I    LI    I    I 


20X 


30X 


12X 


liX 


20X 


a«x 


2U( 


32X 


The  copy  filmed  her*  hes  been  reproduced  thenks 
to  the  o«neroeity  of: 

Netionel  Ubrery  of  Cenede 


L'exempleire  f  ilmi  f  ut  reproduit  grAce  A  la 
gAnArosIti  de: 

BibliothAque  nationale  du  Canada 


The  Imagee  appeering  here  are  the  beat  quelity 
poaalble  conaldering  the  condition  and  legibility 
of  the  original  copy  and  In  iceeping  with  the 
filming  contract  specifications. 


Las  Imeges  sulvantes  ont  AtA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  rexemplaire  f  llmA,  et  an 
conformlt6  avec  les  conditions  du  contrat  de 
fiimage. 


Original  copies  In  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  end  ending  on 
the  last  page  with  a  printed  or  illustrated  Impres- 
sion, or  the  back  cover  when  epproprlate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  e  printed 
or  Illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shell  contain  the  symbol  — »>  (meaning  "CON- 
TINUED"), or  the  symbol  ▼  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  mey  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  Included  in  one  exposure  ore  filmed 
beginning  In  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exempiaires  origlnaux  dont  la  couverture  an 
papier  est  ImprimAe  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  termlnant  solt  par  la 
dernlAre  page  qui  comporte  une  emprelnte 
d'impresslon  ou  d'illustration,  solt  par  le  second 
plat,  salon  le  cas.  Tous  les  autras  exempiaires 
origlnaux  sont  fllmAs  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impresslon  ou  d'illustration  et  en  termlnant  par 
ia  dernlAre  page  qui  comporte  une  telle 
emprelnte. 

Un  des  symboles  sulvants  apparaftra  sur  la 
dernlAre  Image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifle  "A  SUIVRE  ",  le 
symbols  ▼  signifle  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  rAductlon  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  II  est  flimA  A  partir 
de  Tangle  supArleur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessalre.  Les  diagrammes  sulvants 
liiustrant  ia  mAthode. 


1  2  3 


3S( 


1 

2 

3 

4 

5 

6 

35th  Congress, 
2d  Session. 


HOUSE  OF  REPRESENTATIVES. 


Ex.  Doc. 
No.  111. 


VANCOUVER'S  ISLAND  AND  BRITISH  COLUMBIA. 


MESSAGE 


FROM  THE 


PRESIDENT  OF  THE  UNITED  STATES, 


0OMMVNICATIJ9Q 


2he  report  of  the  special  agent  of  the  United  States  receiily  sent  to  Van- 
couver's Island  and  British  Columbia. 


Mabch  3,  1859.— Laid  on  the  table    and  ordered  to  be  printed. 


To  the  House  of  Representatives : 

In  compliance  with  the  resolution  of  the  House  of  Representatives 
of  the  25th  ultimo,  I  transmit  a  copy  of  the  report  of  the  special 
agent  of  the  United  States  recently  sent  to  Vancouver's  Island  and 
British  Columbia. 

JAMES  BUCHANAN. 

Washington,  February  28,  1859. 


Washington,  January  8,  1859. 

Sir  :  In  accordance  with  your  letter  of  instructions,  dated  August 
2,  1858,  I  proceeded,  without  unnecessary  loss  of  time,  to  Victoria, 
Vancouver's  Island,  where  I  arrived  on  the  20th  of  September,  having 
been  detained  twelve  days  at  San  Francisco,  awaiting  the  departure 
of  a  steamer.  On  my  arrival,  I  found  that  a  large  number  of  those 
who  had  gone  to  the  Frazer  river  mines,  had  left  on  their  return  to 
California,  having  become  dissatisfied  with  the  country  and  the 
prospect;  and  that,  of  those  who  remained,  by  far  the  greater  number 
were  merely  waiting  to  realize  sufficient  to  defray  their  expenses  back 
to  their  homes.  It  was  still  likely,  however,  that  a  considerable  num- 
ber would  remain,  both  on  Vancouver's  Island  and  throughout  the 
mining  region  of  Frazer  river,  during  the  winter,  if  not  longer;  and 
I  addressed  myself  to  the  accomplishment,  in  regard  to  them,  of  the 
objects  of  the  mission  with  which  I  had  been  honored  by  the  President 
of  the  United  States. 

The  chief  purpose  of  the  special  agency  intrusted  to  me  i  under- 
stood to  be,  to  infuse  among  the  citizens  of  the  United  States,  tempo- 
rarily resident  in  the  vicinity  of  Frazer  river,  a  spirit  of  subordination 
to  the  colonial  authorities,  and  of  respect  for  the  laws  of  Great  Britain, 
and,  at  the  same  time,  by  such  representations  to  the  governor  of 


2 


VANCOUVER'S  ISLAND  AND   BRITISH  COLUMBIA. 


Vancouver's  Island  as  circumstances  would  suggest,  to  endeavor  to 
obtain  from  that  functionary  the  abrogation  of  the  rigorous  system  of 
exactions  theretofore  pursued,  and  the  adoption  for  the  future  of  such 
a  policy  towards  Americans  as  would  not  be  inconsistent  with  their 
rignts  as  the  citizens  of  a  friendly  power,  and  would,  furthermore, 
tend  to  promote  among  them  feelings  of  kindness  and  good  will 
towards  the  government  and  the  subjects  of  Great  Britain.  Some  such 
intervention  by  the  United  States  was  deemed  necessary,  for  the 
reason  that  much  exasperation  was  alleged  to  exist  among  those  of 
our  citizens,  then  making  their  way  to  theFrazer  river  mines,  against 
the  servants  of  the  Hudsou's  Bay  Company  and  the  authorities  of 
Vancouver's  Island,  in  consequence  of  the  onerous  exactions  to  which 
thv^y  were  said  to  have  been  subjected  by  those  officials.  The  numerous 
complaints  of  such  exactiona  that  had  already  reached  the  government 
of  the  United  States,  as  early  as  June  last,  were  in  that  month  brought 
to  the  notice  of  Lord  Malmesbury  by  Mr.  Dallas,  our  minister  at 
London;  and,  from  the  declarations  of  his  lordship  in  reply,  of  the 
favorable  disposition  of  the  British  government,  as  well  as  from  re- 
peated assurances  of  Lord  Napier,  the  British  minister  at  Washington, 
to  the  same  effect, — assurances  of  the  sincerity  of  which  no  doubt 
was  entertained— the  hope  was  indulged  that  the  rigor  of  the  exactions 
previously  practiced  would,  upon  proper  representations  of  their  in- 
justice, be  abated,  and  that  the  work  of  conciliation  would  be  one  of 
i|0  difficult  accomplishment. 

In  addition  to  these  duties,  my  instructions  contemplated  that  I 
should  furnish  your  department  with  all  needful  and  attainable  infor- 
mation touching  the  newly  discovered  mines  on  Frazer  river;  the  emi- 
gration of  American  citizens  thereto;  and  other  kindred  subjects. 

It  is  scarcely  necessary  to  advert  to  the  history  of  the  Frazer  river 
excitement;  how,  in  April  and  May  of  last  year,  the  people  of  Cali- 
fornia, and  of  Oregon  and  Washington  Territories,  were  startled  by 
inimors  mdustriously  circulated  of  fabulous  gold  discoveries  on  Frazer 
river;  how,  day  after  day,  steamers  and  sailing  vessels  left  the  port 
of  San  Francisco  for  Victoria,  crowded  to  excess :   many  of  them 
carrying  three  times  the  number  of  passengers  allowed  by  law;  how 
thousands,  who  were  then  in  properous  circumstances  in  Calitbrnia, 
dazzled  by  the  prospect  of  immediately  acquiring  immense  wealth, 
abandoned  their  occupations,  both  professional  and  manual,  and  sell- 
ing off  their  mining  claims  and  other  possessions  at  a  great  sacrifice, 
threw  themselves  into  the  mad  crowd  who  were  thronging  with  eager 
steps  to  the  new  gold  fields.     It  is  understood  that  twenty-three  thou- 
sand men  left  the  port  of  San  Francisco  for  Frazer  river,  and  that 
some  eight  thousand  more  went  overland,  from  the  northern  counties 
of  California,  and  from  the  Territories  of  Oregon  and  Washington, 
by  way  of  the  Dalles  and  Fort  Kamloops. 

Some  estimate  the  number  as  much  greater;  but  it  is  safe  to  assert 
that  the  emigration  to  Vancouver's  Island  and  British  Columbia 
during  the  gold  excitement, — the  bulk  of  it  during  the  months  of 
May,  June,  nnd  July, — was  not  under  thirty  thousand,  and  may  have 
reached  tbirty-three  thousand. 
The  number  remaining  there  at  present  probably  does  not  exceed 


VANCOUVER  8   ISLAND  AND   BRITISH   COLUMBIA. 


8. 


three  thousand.    The  causes  which  produced  this  general  and  rapid 
abandonment  of  the  colonies,  I  shall  presently  endeavor  to  explain. 

The  first  body  of  gold  seekers  found  their  way  to  Frazer  river  from 
Victoria  in  canoes,  sKifTs,  and  whale-boats,  American  steamers  being 
at  that  time  jealously  excluded  from  the  river.  Numbers  perished  in 
these  hazardous  voyages;  many  were  lo3t  in  the  mazes  of  the  archi- 
pelago that  stretches  from  Discovery  island  to  the  edge  of  the  Gulf  of 
Georgia  ;  and  many  more  in  attempting  to  cross  that  stormy  and 
dangerous  gulf,  dangerous  even  for  strong  and  large  steamers,  from 
the  peculiarity  of  its  currents,  and  from  other  causes. 

At  length  Mr.  Douglas,  governor  of  Vancouver's  Island,  and  chief 
factor  of  the  Hudson's  Bay  Company,  was  induced  to  permit,  on  cer- 
tain conditions,  and  on  the  payment  of  a  certain  sum  for  each  trip, 
the  navigation  of  the  river  by  American  bottoms,  reserving  to  himself 
the  right  to  withdraw  this  permission  whenever  boats  owned  by  Brit- 
ish subjects  could  be  provided  for  the  transportation  of  passengers 
and  freight.  A  number  of  steamers  (the  Sea  Bird,  the  Surprise,  the 
Umatilla,  the  Maria,  the  Enterprise,  and  others)  immediately  com- 
menced running  between  Victoria  and  the  different  points  on  Frazer 
river,  and  by  these  means  the  emigrants  were  enabled  to  spread  them- 
selves over  the  gold  regions  on  the  river  and  its  tributaries. 

The  failure  of  their  quest  has  been  already  chronicled  through  the 
press.  Some,  it  is  true,  without  experience  in  mining  operations,  be- 
came disgusted,  and  left  without  giving  the  mines  a  fair  trial;  but  the 
great  majority  of  the  emigrants  were  men  who  had  gained  a  thorough 
Knowledge  of  mining  by  years  of  experience  in  California,  and  whom 
no  hardships  or  discomforts  could  deter  from  the  prosecution  of  their 
purpose.  These  men  have  penetrated  into  every  accessible  portion  of 
the  gold  fields,  from  the  mouth  of  the  river  up  to  the  Canoe  country, 
down  Thompson's  river,  from  Fort  Kamloops  to  its  mouth,  and  up 
Bridge  river  nearly  to  its  source,  and  have  prospected  every  spot 
where  gold  is  supposed  to  exist. 

It  is  true  that  gold  has  been  found  everywhere,  but,  for  the  most 
part,  diffused  in  such  small  quantities  as  not  to  reward  the  labor  of 
digging  for  it.  Some  idea  may  be  formed  of  the  unsatisfactory  yield 
of  the  mines  when  it  is  considered  that,  notwithstanding  the  immense 
numbers  of  people  precipitated  upon  Frazer  river  and  the  adjacent 
country,  the  entire  yield  from  May  till  October,  inclusive,  did  not 
much  exceed  half  a  million  of  dollars. 

There  are  some  five  or  six  bars  on  the  river,  between  Fort  Hope 
and  Fort  Yale,  (Santa  Clara  bar,  Texas  bar,  Emory's  bar,  Hill's  bar, 
and  one  or  two  others,)  that  yield  well ;  and  on  Bridge  river,  and  at 
the  forks  of  Frazer  and  Thompson's  rivers,  good  diggings  have  been 
found; — but  in  the  whole  region  hitherto  prospected,  there  are  not 
eligible  placers  more  than  enough  to  give  remunerative  employment 
to  about  fifteen  hundred  miners. 

What  discoveries  may  be  the  result  of  future  researches  to  the  north- 
ward and  eastward  of  the  present  gold  region  can  be,  for  the  present, 
only  matter  of  vague  speculation.  Hitherto,  no  gold-bearing  quartz 
ledge  of  any  extent  has  been  found,  and  but  little  coarse  gold.  The 
bulk  of  that  washed  out  is  exceedingly  fine  dust.    Some  considerable 


VANCOUVER  S   ISLAND  AND  BRITISH   COLUMBIA. 


portion  is  of  the  description  known  as  scale  gold.  The  coarse  gold 
specimens  that  I  have  seen  were  found  not  in  the  main  river  but  in 
its  small  tributaries.  From  the  extreme  fineness  of  the  gold,  it  re- 
quires elaborate  care  in  amalgamation,  and  the  use  of  a  large  quantity 
of  quicksilver. 

In  consequence  of  the  hazards  of  the  trip  from  Victoria  to  the  vari- 
ous points  on  the  river  attainable  by  steamboats- -the  navigation  of 
Frazer  river  being  extremely  difficult  and  perilous — the  prices  of 
freight  were  enormous.  From  Victoria  to  Fort  Hope,  situated  on 
Frazer  river,  one  hundred  miles  above  its  mouth,  forty  dollars  per 
ton,  and,  as  the  river  became  low,  and  the  difficulty  and  danger  in- 
creased, fifty  dollars  per  ton  was  charged.  From  Fort  Hope  to  Fort 
Tale,  a  distance  of  sixteen  miles,  which  could  only  be  performed  in 
canoes,  the  freight  was  twenty  dollars  per  ton,  and  above  that  pointy 
the  river  not  bein^  navigable  even  for  canoes  for  upwards  of  two  hun- 
dred miles,  provisions  were  packed,  generally  on  men's  backs,  to  the 
various  diggings  and  prospecting  grounds  above. 

The  cost  of  provisions  being  so  greatly  enhanced  by  the  labor  and 
expense  of  transportation^  the  scant  yield  that  inmost  cases  rewarded 
the  labors  of  the  miner,  even  when  he  found  gold,  except  in  the  most 
favored  spots,  scarcely  sufficed  for  his  support;  while  thousands  spent 
all  the  means  they  had  brought  with  them  from  California  in  pros- 
pecting without  any  remuneration  whatever  from  the  soil. 

It  will  be  seen,  from  the  above,  that  the  deposits  of  gold  in  the 
Frazer  river  region  do  not  offer  any  weighty  inducement  for  emigra* 
tion  from  any  portion  of  the  United  States. 

The  country  is  still  less  attractive  in  an  agricultural  point  of  view. 
Towards  the  coast  its  features  are  rocks,  mountains,  and  a  dense 
growth  of  fir  trees.  The  few  patches  of  open  land  one  meeU  with 
are  fitter  for  pasturage  than  the  plow.  Around  Fort  Kamloops, 
on  Thompson's  river,  there  is  a  prairie  of  some  extent,  and  among 
the  mountains  are  minute  strips  of  valley  land,  but  these  latter  are 
generally  so  difficult  of  access  as  to  be  almost  unavailable  for  farming 
purposes.  There  is  at  present,  no  land  under  cultivation  by  white 
men  in  the  colony,  except,  perhaps,  a  small  strip  in  the  immediate 
vicinity  of  Fort  Kamloops.  Eastward,  towards  the  base  of  the  Rocky 
Mountains,  the  country  is  more  open,  but  the  climate  is  more  unfa- 
vorable to  agricultural  pursuits  than  on  the  coast. 

All  accounts  concur  in  representing  the  climate  as  anything  but 
pleasant.  Mr.  Dunn,  a  standard  authority  on  that  country,  writes  of 
it  as  follows : 

**  The  climate  is  very  variable,  and  the  transitions  are,  though 
periodically  regular,  remarkably  sudden,  if  not  violent.  During  the 
spring,  which  lasts  from  April  till  June,  the  weather  and  face  of  the 
country  are  delightful.  In  June  therG  are  almost  incessant  rains, 
drifted  furiously  along  by  a  strong  south  wind.  In  July  and  August 
the  heat  is  intense,  and  the  ground,  previously  saturated  with  mois- 
ture, produces  myriads  of  annoying  flies  and  insects.  This  heat  and 
sunshine  are  succeeded  in  September  by  fogs  of  such  palpable  darkness 
that,  until  noon,  it  is  seldom  possible  to  distinguish  objects  at  a  longer 
distance  .than  one  hundred  yards.     In  November  the  winter  sets  in, 


VANCOUVER'S   ISLAND   AND   BRITISH  COLUMBIA.  5 

speedily   freezing  the  lakes  and  smaller  rivers.     The  cold,  however, 
is  not  so  intense  as  might  be  imagined  in  such  a  country  and  climate." 

From  a  British  array  officer,  formerly  in  the  service  of  the  Hudson's 
Bay  Company,  a  gentleman  of  great  intelligence,  who  has  traversed 
nearly  the  whole  region  comprised  within  the  newly  established  colony 
of  British  Columbia,  I  learn  that  there  is  no  part  of  the  country  that 
will  everjustify  farming  operations  ofanymagnitude  or  extent.  A  large 
portion  of  the  country  is  covered  witli  water,  and  the  rest  is  broken, 
cut  up  by  rocky  mountain  ridges,  and  covered  with  a  dense  growth  of 
^r  and  other  timber,  valueless  as  lumber,  and  unavailable  for  spars, 
for  the  reason  that  there  is  no  possibility  of  conveying  it  to  the  coast. 

The  climate  of  the  southeastern  portion  of  Vancouver's  Island  is, 
for  the  most  part,  pleasant  and  healthful,  except  for  a  few  of  the  win- 
ter months,  during  which  boisterous  winds  and  cold  rains  prevail, 
but  the  soil  is  illy  adapted  for  the  growth  of  cereals. 

On  the  eight  or  ten  square  miles  of  open  land  in  the  neighborhood 
of  Victoria,  (the  capital  and  only  town  of  the  colony,)  there  are  some 
well  kept  farms,  and  in  the  patches  of  laud  on  different  parts  of  the 
coast,  covered  with  Indian  villages,  the  potato  is  cultivated  with  success, 
and  good  farms  might  be  established  ;  but  with  the  exception  of  twenty 
or  twenty-five  square  miles,  which  comprise  all  the  clear  land  of  the 
island,  the  remainder,  two  hundred  and  seventy  miles  in  length,  by 
from  forty  to  fifty  broad,  is  a  mass  of  rocks  and  mountains,  and  sterile 
•clay,  covered  with  a  dense  growth  of  valueless  fir  and  tangled  under- 
brush. Even  that  portion  of  woodland  which  is  accessible  to  the  axe 
would  not  justify  the  labor  or  expense  of  clearing,  as  the  soil  is  too 
barren  to  yield  anything  like  healthy  or  remunerative  crops.  Neither 
colony,  therefore,  offered  any  inducements  to  our  citizens,  disappointed 
in  their  mining  operations,  to  settle  down  in  the  country  with  the  view 
of  tilling  the  soil. 

But  there  is  no  doubt  that,  independently  of  the  unpromising  charac- 
ter of  mining  and  agricultural  operations,  the  early  and  rapid  aban- 
donment of  the  colonies  by  our  citizens  was  induced,  in  some  measure, 
by  the  petty  exactions  and  other  annoyances  to  which  they  were  sub- 
jected by  the  servants  of  the  Hudson's  Bay  Company,  and  the  officers 
of  the  colonial  government. 

Immediately  on  my  arrival  at  Victoria,  I  took  means  to  inform 
myself  as  to  the  various  causes  of  complaint  alleged  to  exist,  with  a 
view  to  making  such  representations  to  Governor  Douglas  as  might 
lead  to  their  removal.  I  found  in  force  a  number  of  restrictions  on 
mining  and  commercial  pursuits,  that  operated  as  very  irksome  bur- 
dens, not  simply  by  reason  of  the  amounts  exacted  in  the  shape  of 
taxes  and  other  imposts,  but  because  they  were  known  to  be  exacted 
without  authority  of  law.  I  shall  proceed  to  notice  these  taxes  in 
detail. 

I  have  already  said  that,  at  an  early  stage  of  the  Frazer  river  excite- 
ment, Governor  Douglas  gave  permission  for  the  navigation  of  the 
river  by  American  steamers.  From  the  following  document,  which  is 
a  copy  of  the  original  agreement,  it  would  appear  that  the  permission 
was  given  by  him  as  factor  of  the  Hudson's  Bay  Company,  and  not  as 
governor  of  Vancouver's  Island. 


VANCOUVEH'S  ISLAND   AND  BRITISH  COLUMBIA. 


Copy  of  agreement. 

The  agents  of  tlie  Hudson's  Bay  Company  agree  to  license  one  or 
more  steamers,  to  ply  from  Victoria  to  and  on  Frazer  river,  on  the 
following  terms : 

1.  To  receive  and  transport  no  goods  to,  on,  or  from  Frazer  river, 
except  the  goods  of  the  Hudson's  Bay  Company,  or  such  as  they  may 
permit  to  bo  shipped,  and  that  for  the  transport  of  such  goods  the 
freight  do  not  exceed  the  following  rates,  viz  : 

Victoria  to  Langley,  $10  per  ton  of  2,000  pounds,  or  40  feet  measure- 
ment. 

Langley  to  Fort  Hope,  |10  per  ton  of  2,000  pounds,  or  40  feet  measure- 
ment. 

Fort  Hope  to  Fort  Yale,  $5  per  ton  of  2,000  pounds.  ^ 
Return  rates  to  be  in  the  same  scale. 

2.  To  carry  no  passengers  to  or  on  Frazer  river  who  have  not  taken 
out  a  mining  license  and  permit  from  the  government  of  Vancouver's 
Island,  and  one  month's  advance  thereon. 

3.  To  pay  head-money  to  the  Hudson's  Bay  Company,  at  the  rate  of 
two  dollars  for  each  passenger  proceeding  into  Frazer,  or  taking  pas- 
sage from  Langley  upwards  ;  a  settlement  to  be  made  at  the  end  of 
each  trip,  and  an  officer  of  the  Hudson's  Bay  Company  to  be  received 
on  board  without  charge,  to  attend  to  such  business,  if  required  by  the 
Hudson's  Bay  Company. 

4.  That  all  vessels  plying  to  or  on  the  river  be  commanded  and 
owned  by  British  subjects. 

5.  That  permits  on  said  terms  will  be  continued  until  expiry  of 
the  comyany's  license  to  trade,  in  the  month  of  May,  1859. 

It  will  be  perceived  that  this  license  is  given  by  the  agents  of  the 
Hudson's  Bay  Company  to  ply  to  and  on  Frazer  river.  By  what  right  ? 
Great  Britain  had  the  right  to  exclude  our  steamers  from  the  waters 
of  Frazer  river  ;  but  if  Great  Britain  did  not  choose  to  assert  that  right, 
how  could  the  Hudson's  Bay  Company's  servants  claim  to  make  con- 
ditions with  our  people,  and  charge  toll  for  the  privilege  of  entering  ? 
Admitting  that  they  had  the  right  of  exclusive  trade  with  the  Indians, 
that  did  not  give  them  control  of  the  navigation  of  the  river. 

The  conditions  show,  in  a  remarkably  strong  light,  the  grasping 
Bpirit  that  animated  these  officials.  While  other  traders,  British  and 
American,  were  paying  forty  and  fifty  dollars  per  ton  freight  to  Fort 
Hope,  they  exacted  of  the  steamboat  owners,  as  one  of  the  conditions 
of  opening  the  river,  that  they  should  carry  the  freight  of  the  com- 
pany for  twenty  dollars  per  ton,  thus  securing  to  themselves  a  large 
advantage  over  other  merchants  trading  on  the  river. 

Another  very  remarkable  condition  is  that  contained  in  Article  2d : 
Every  person  leaving  Victoria  for  Frazer  river,  no  matter  what  his 
business,  was  compelled  to  pay  five  dollars  for  a  license  to  mine.  Of 
course,  under  this  regulation,  the  tax  was  extorted  from  a  great 


VANCOUVER  8  ISLAND  AND   BRITISU   COLUMBIA. 


e  one  or 
,  on  the 

er  river, 
ley  may 
>odB  the 


neasure- 
neasure- 


iot  taken 
icouver's 

le  rate  of 
cing  pas- 
tie  end  of 
received 
ed  by  the 

aded  and 

expiry  of 

its  of  the 
at  right? 
le  waters 
lat  right, 
lake  con- 
ntering  ? 
Indians, 

grasping 
'itish  and 
t  to  Fott 
onditions 
the  com- 
18  a  large 

rtide  2d : 

what  his 

line.     Of 

a  great 


many  of  our  citizens  who  never  visited  the  river  with  any  intention  of 
mining. 

I  have  seen  a  number  of  affidavits  made  by  American  citizens,  set" 
ting  forth  the  fact  that  they  had  visited  Frnzer  river  with  no  intention 
of  mining  ;  had  never  mined,  and  yet  had  been  compelled  to  take  out 
a  raining  license.  The  enforcement  of  the  pre-payment,  at  Victoria, 
of  this  mining  tax  was  abandoned  a  short  time  previous  to  my  depar- 
ture from  the  colony  in  November  ;  but  for  a  long  time  it  was  rigidly 
exacted,  and  a  file  of  marines  from  the  British  vessel-*  )f-war  at  the 
mouth  of  the  river  was  called  into  requisition,  when  it  became  neces- 
sary to  enforce  compliance  on  the  part  of  a  set  of  rebellious  passen- 
gers.* 

The  third  article  requires  the  payment  of  two  dollars  head-money 
to  the  Hudson's  Bay  company,  by  every  person  entering  the  Frazor 
river  country.  I  never  could  learn  why  this  tax  was  collected,  except 
that  the  Hudson's  Bay  Company  were  the  temporary  possessors  of  the 
land,  and  they  chose  to  exact  this  tribute  from  strangers  on  entering  it. 

The  fourth  article  had  neither  truth  nor  substance,  and  was  never 
intended  to  have  any  effect.  The  steamboat  owners  with  whom  the 
agreement  was  made  were  American  citizens,  the  boats  were  American 
bottoms,  sailing  all  the  time  under  the  American  flag,  and  were  so 
declared  to  be  by  their  owners.  The  agents  of  the  Hudson's  Bay 
Company  said  the  article  was  a  mere  matter  of  form,  and  so  it  was 
inserted. 

The  following  is  a  copy  of  the  sufferance  taken  out  by  steamboats 
(for  each  trip)  under  the  above  agreement : 

No.  580. — General  Safferance, 

Port  Victoria,  Vancouver's  Inland. 

These  are  to  certify  to  all  whom  it  doth  concern,  that  suflferance  for 
this  present  voyage  is  granted  on  the  conditions  annexed  to  Captain 
Wright  to  proceed  on  a  voyage  to  Frazer  river  with  steamer  Enter- 
prise and  cargo,  as  per  manifest,  and  that  the  said  Captain  Wright 
hath  here  entered  and  cleared  his  boat  according  to  law. 

Given  under  my  hand  at  Victoria,  V.  I.,  this  18th  day  of  October, 
1858. 

CHAS.  A.  ANGELO, 

Deputy  Collector. 


*»  We  would  most  earnestly  impress  on  all  persons  about  proceeding  to  the  mines  the 
necessity  of  obtaining  licenses  to  mine  from  the  proper  officers  at  this  port,  as  it  will  save 
them  much  time,  annoyance,  and  may  be  serious  trouble.  Mr.  Purser  Welch,  of  the 
steamer  Surprise,  informs  us  that  on  his  last  trip  up  some  fifty  of  the  pusscngcrs,  mostly 
Irishmen,  refused  to  buy  licenses,  and  expressed  their  determination  to  disregard  the  law 
in  this  respect.  When  off  Point  Roberts,  just  at  the  mouth  of  Frazer  river,  the  Surprise 
was  ordered  along  side  of  H.  B.  Majesty's  war  steamer  Satellite,  boarded  by  her  officers,  and 
the  fact  of  the  contumacy  of  the  refractory  ascertained,  when  a  file  of  marines  wasstaiioned 
on  board  and  each  passenger  obliged  to  show  his  license  imder  penalty  of  being  put  ashore. 
These  prompt  measures  brought  the  rebellious  to  terms,  and  they  were  glad  to  be  allowed 
to  purchase  their  licenses  and  proceed  on  their  journey.  We  trust  all  persons  arriving  ia 
the  country  will  cheerfully  obey  the  laws,  as  it  is  their  duty,  and  because  we  are  satisfied 
such  obedience  on  their  part  will  not  only  conduce  to  their  own  but  the  public  good. — 
Victoria  ( V.  J.)  GaztUe,  qf  June  30,  1858. 


IT 


8 


VANCOUVER  S  ISLAND  AND   BRITISH   COLUMBIA. 


For  each  sufferanco  for  a  steamboat  the  sum  of  twelve  dollars  was 
exacted  ;  and  for  each  suilerance  for  a  cauoe,  and  every  other  descrip- 
tion of  boat  entering  the  river,  the  sum  of  six  dollars.  It  will  be 
seen  that  by  a  remarkable  confusion  of  jurisdictions,  this  sufferance 
tax  is  collected  by  the  collector  of  the  port  of  Victoria,  an  officer  of 
the  colonial  government. 

Thus  far  the  taxes  imposed  were — 

For  mining  licenses,  renewable  at  the  end  of  each  month $5  00 

Head-money  from  each  person 2  00 

Sufferance  for  a  steamboat  for  each  trip 12  00 

Sufferance  for  each  canoe  and  other  boat 6  00 


From  canoes  and  other  small  boats  passing  up  the  river  these  im- 
posts were  collected  in  this  wise :  A  hermaphrodite  brig,  named  the 
Recovery,  formerly  owned  by  the  Hudson's  Bay  Company,  but  after- 
wards put  in  commission  and  commanded  by  a  lieutenant  in  the  British 
navy,  was  stationed  above  the  mouth  of  the  river,  and  by  her  every 
boat  passing  up  was  hailed  and  ordered  alongside. 

If  the  passengers  were  so  unfortunate  as  not  to  have  means  to  pay 
mining  license,  head-money,  and  suflbrance  tax,  their  watches,  pistols, 
knives,  or  other  personal  effects  were  held  in  pledge  for  payment.  In 
the  absence  of  such  personal  effects,  bags  of  flour,  beans  and  coffee, 
hams,  and  other  provisions  were  retained,  and  I  have  been  assured  that 
the  deck  of  the  brig  was  covered  with  those  articles.  It  is  but  just  to 
add  that  the  officers  immediately  charged  with  the  performance  of  this 
unpleasant  Eervice  acted  with  all  gentleness  and  humanity  compatible 
■with  their  orders,  and  that  they  endeavored,  by  every  means  in  their 
power,  to  mitigate  the  rigor  of  these  amercements. 

In  addition  to  the  taxes  above  enumerated,  a  duty  of  ten  per  cent. 
ad  valorem  was  imposed  on  all  goods  imported  into  the  Frazer  river 
country.  It  is  almost  unnecessary  to  say  that  this  duty  is  whollv 
unauthorized  by  any  existing  law.  Latterly  it  was  pretended  that  it 
was  levied  for  the  behoof  of  the  government,  but  the  fact  that  it  was 
collected  by  Mr.  Finlayson,  the  financial  agent  of  the  Hudson's  Bay 
Company,  and  not  by  the  collector  of  the  port,  in  addition  to  other 
circumstances,  would  lead  to  the  belief  that  it  was  imposed  by  the 
company  and  for  their  own  benefit.  A  letter  is  in  existence  from  Mr. 
Finlayson  to  Mr.  G.  B.  Wright,  a  contractor  on  the  Harrison  Lillooett 
trail,  in  which  that  gentleman  promises  that  the  goods  imported  by 
Mr.  Wright  up  Frazer  river,  for  the  subsistence  and  clothing  of  his 
men,  shall  not  be  charged  with  this  duty  of  ten  per  cent.,  as  long  as 
the  license  of  the  company  shall  continue  in  existence,  but  that,  after 
its  expiration,  they  will  have  no  control  in  the  matter.  If  the  duty 
had  not  been  imposed  by  the  company,  they  certainly  would  have  had 
no  power  to  remit  it  in  Mr.  Wright's  case.  I  shall  be  enabled,  in  a 
few  days,  to  furnish  a  certified  copy  of  this  letter. 

The  following  is  a  copy  of  the  permit  granted  on  the  payment  of 
the  ten  per  cent,  duty : 


lars  was 
(luscrip- 
,  will  be 
iifleraDce 
)fficer  of 


$5  00 
2  00 

12  00 
6  00 

hese  im- 
tnied  the 
ut  after- 
e  British 
er  every 

18  to  pay- 
pistols, 
ent.  Iq 
d  coffee, 
ired  that 
it  just  to 
ce  of  this 
mpatible 
I  in  their 

per  cent, 
zer  river 
s  wholly 
d  that  it 
at  it  was 
on's  Bay 
to  other 
i  by  the 
rrom  Mr. 
Lillooett 
orted  by 
ig  of  his 
3  long  as 
tat,  after 
the  duty 
iiave  had 
ed,  in  a 

|rmeat  of 


VANCOUVER  8   ISLAND  AND   URITISII  COLUMBIA. 


Permit. 


9 


Permission  is  hereby  given  to  the  northwest  boundary  commission 
of  the  United  States  to  import  the  following  packages  of  merchandise 
into  Frazer  river : 

Marks. — George  B.  Roberts  for  Alexander  C.  Anderson,  collector. 
Contents. — Two  thousand  pounds  barley. 

ROBERT  FINLAYSON, 

Hudson's  Hay  Covqyany. 
To  the  revenue  officer  of  Frazer  river. 

WILLIAM  JEBTERY. 
Victoria,  V.  /.,  September  2,  1858. 

Appended  to  this  report  is  an  affidavit  of  W.  G.  Eason,  esq.,  now 
resident  of  Victoria,  setting  fortli  the  payment  of  the  duty  on  the 
above  mentioned  shipment  of  barley,  and  the  refusal  of  Mr.  Finlay- 
son  to  receipt  for  the  same.  I  likewise  append  a  statement  from  the 
books  of  G.  A.  Reynolds  &  Co.,  merchants  in  Victoria,  showing  the 
amount  of  duties  paid  by  that  firm  for  a  portion  of  the  month  of  Sep- 
tember, 1858. 

Havinsf;  informed  myself  concerning  these  various  imposts,  I  waited 
upon  Governor  Douglas,  in  accordance  with  your  instructions,  and 
represented  the  variouscauses  of  complaint  urged  by  ourcitizens.  From 
the  friendly  intentions  expressed  by  the  British  government,  and  the 
earnest  disposition  manifested  by  Lord  Napier,  the  British  minister, 
to  co-operate  with  the  government  of  the  tJuited  States  in  such  mu- 
tual offices  of  kindness  and  conciliation  as  would  soften  any  feeling  of 
exasperation  that  might  have  previously  existed  on  the  part  of  our 
people  then  on  Frazer  river  and  Vancouver's  Island,  against  the  local 
authorities,  and  from  what  I  was  led  to  believe  was  the  tenor  of  the 
instructions  sent  to  Governor  Douglas,  simultaneously  with  my  de- 
parture for  Frazer  river,  I  apprehended  no  difficulty  in  inducing,  on 
the  part  of  that  functionary,  such  an  abatement  of  the  rigor  of  the  pre- 
vions  exactions  as  would  allay  the  existing  discontent,  and  would  secure, 
for  the  future,  harmony  and  good  feeling.  I  regret  to  state  that 
neither  the  instructions  sent  out,  nor  the  earnest  and  courteous  re- 
monstrances which  I  deemed  it  my  duty  to  address  to  his  excellency, 
against  the  injustice,  the  impolicy  and  illegality  of  those  exactions, 
vfere  efficacious  in  producing  more  than  the  partial  and  inconsiderable 
modification  I  have  before  mentioned. 

Governor  Douglas,  it  is  true,  expressed  the  most  friendly  disposi- 
tions ;  but  when  pressed  upon  the  subject  of  an  abatement  of  the  re- 
strictions on  mining  and  trading  operations,  remarked  that  there  was 
nothing  to  prevent  the  Americans  going  elsewhere  if  they  were  dis- 
0atisfied  with  their  treatment  in  the  two  colonies. 

As  an  apology  for  the  imposition  of  those  onerous  taxes  he  alleged 
the  necessity  of  protecting  the  miners  from  the  Indians.  The  only 
protection  ever  afforded  against  the  Indians  was  by  the  appointment 
of  a  few  special  constables,  a  force  not  likely  to  be  very  efficient  in  an 


10 


VANCOUVER  S  ISLAND   AND  BRITISH  COLUMBIA. 


Indian  war.  It  is  needless  to  say  that  the  miners  were  compelled  to 
protect  themselves.  At  first  the  Indians  were  extremely  hostile,  from 
causes  which  I  shall  hereafter  allude  to.  The  miners,  being  in  a  strange 
land,  and  unwilling  to  embroil  themselves,  forbore,  for  a  long  time, 
from  resisting  the  outrages  perpetrated  by  the  savages  ;  but  their  for- 
bearance the  Indians  regarded  as  cowardice ;  murders  were  committed  ; 
day  after  day  the  headless  trunks  of  murdered  miners  came  floating 
down  the  river.  Bands  of  men  were  then  organized  who  went  out 
to  the  rancherias,  met  the  Indians  and  chastised  them.  They  then 
made  treaties  witli  them,  and  peace  prevailed  ever  after.  Individual 
instances  of  indiscretion  and  hot  blood  there  may  have  been  among 
the  Americans  in  these  troubles  ;  but  the  unanimous  testimony  of  all 
parties,  both  English  and  American,  goes  to  show  that  those  engaged 
in  the  difficulties  exhibited  exemplary  forbearance  before  they  struck 
a  blow.  Since  that  time  there  has  been  no  necessity  for  the  employ- 
ment of  special  constables  in  Indian  warfare. 

But  the  grievances  of  which  our  citizens  complained  were  not  con- 
fined to  the  exactions  practiced  upon  them.  Numerous  complaints 
reached  me,  of  outrages  committed  by  the  subordinate  officers  of  the 
Hudson's  Bay  Company,  of  dishonest  dealings  by  the  Commissioner  of 
Public  Lands,  and  of  flagrant  bias,  according  as  their  prejudices 
tended,  on  the  part  of  the  courts.  The  probity  of  the  judges  in  pecu- 
niary matters  was  unimpeached,  but  it  was  evident  in  many  cases  that 
their  national  prejudices  carried  them  far  out  of  the  path  of  justice. 
Indeed,  it  is  not  too  much  to  say  that  the  courts,  from  the  peculiarity 
of  their  constitution  and  the  eccentricity  of  their  action,  were  the 
merest  travesties  of  judicial  tribunals.  Their  pure  unsophisticated 
ignorance  of  law  was  only  equalled  by  the  vehement  bigotry  that 
characterized  their  proceedings  in  many  cases. 

Where  circumstances  permitted,  I  directed  the  complaints  of  our 
citizens  to  be  sworn  to  ;  in  some  cases,  where  the  abuses  occurred  in 
remote  parts  of  the  interior,  this  mode  of  authentication  was  imprac- 
ticable. At  the  request  of  the  aggrieved  parties  1  lay  some  of  these 
cases  before  you,  with  this  report,  for  the  action  of  the  government. 

Among  them  will  be  found  one  of  p  man  who  makes  affidavit 
that  he  had  declared  his  intentions  to  become  a  citizen  of  the  United 
States  ;  that  he  had  built  and  stocked  a  store  at  Fort  Langley  ;  had 
hoisted  the  American  flag  on  his  house  on  the  fourth  of  July  in  honor 
of  his  adopted  country  ;  was  arrested  some  days  afterwards  for  this 
offence,  put  in  irons,  brought  down  to  Victoria,  tried  on  a  trumped-up 
charge  of  selling  liquor  to  Indians,  convicted  and  thrown  into  prison, 
where  he  was  kept  for  nearly  two  months,  being  fed  on  bread  and 
water  for  a  portion  of  the  time.  The  affidavit  and  other  papers  are 
furnished  herewith. 

There  will  be  found  another  case  of  an  American  citizen  who  was 
unmercifully  beaten  by  an  agent  of  the  Hudson's  Bay  Company  at 
Nanaimo,  assisted  by  a  number  of  half-breeds,  the  agent  being  intoxi- 
cated at  the  time.  The  man  beaten  was  Andrew  McKenzie,  the 
assaulting  party  was  a  man  named  Stewart,  an  agent  of  the  Hudson's 
Bay  Company  and  a  colonial  magistrate.  McKenzie  swore  informa- 
tion against  Stewart,  but  the  court  would  not  entertain  the  complaint 


I 


t 


VANCOUVER'S  ISLAND  AND  BRITISH  COLUMBIA. 


11 


ipelled  to 
tile,  from 
a  strange 
ng  time, 
their  for- 
nmitted ; 
i  floating 
•vent  out 
hey  then 
odividual 
n  among 
ony  of  all 
3  engaged 
ey  struck 
3  employ- 

B  not  con- 
omplaints 
ers  of  the 
issioner  of 
prejudices 
s  in  pecu- 
cases  that 
bf  justice. 
)eculiarity 
were  the 
ihisticated 
;otry  that 

ints  of  our 
ccurred  in 
IS  imprac- 
.e  of  these 
rnment. 
3  affidavit 
he  United 
jley ;  had 
y  in  honor 
is  for  this 
umped-up 
ito  prison, 
bread  and 
papers  are 

who  was 
>mpany  at 
ng  intoxi- 
mzie,   the 

Hudson's 
)  informa- 
complaint 


or  issue  process,  for  the  reason  that  Nanaimo  was  out  of  its  jurisdic- 
tion. The  day  previous,  the  same  court  had  entertained  a  complaint 
against  McKenzie,  and  had  him  arrested  on  a  charge  of  uttering 
threatening  language,  the  offence  being  alleged  to  have  been  com- 
mitted at  this  very  same  place,  Nanaimo,  which  next  day  the  judge 
declared  was  out  of  his  jurisdiction.  On  the  first  day,  when  the  com- 
plaint was  entertained,  it  was  that  of  a  British  subject  against  an 
American.  On  the  next  day,  when  the  complaint  was  not  entertained, 
the  case  was  of  an  American  citizen  against  a  British  subject. 

Another  case  will  be  found  to  be  that  of  a  ditch  company  at  Santa 
Clara  bar,  on  Frazer  river,  who  had,  with  great  labor  and  expense, 
constructed  a  ditch  conveying  water  to  their  claim  ;  when,  as  they  were 
about  to  idttp  the  fruits  of  their  enterprise,  the  commissioner  of  crown 
lands,  who  had  been  previously  given  an  interest  by  another  party, 
prevented  them  from  using  the  water,  and  gave  the  privilege  to  the 
party  with  whom  he  himself  was  connected.  Another,  from  a  com- 
pany on  Texas  bar,  complains  of  a  similar  piece  of  knavery  and  op- 
pression. Another  memorial  was  received  from  Hill's  bar,  signed  by 
one  hundred  miners,  and  complaining  of  similar  outrages  on  the  part 
of  the  same  functionary. 

Numberless  complaints  of  this  character  poured  in  on  me  from  day 
to  day,  more  or  less  meritorious,  but  all  of  them  proving  a  most 
grasping  and  avaricious  spirit  on  the  part  of  the  petty  authorities  of 
the  place,  or  else  a  studied  determination  to  disgust  the  Americans 
with  the  country.  These  things  continued  up  to  the  time  of  my  de- 
parture ;  and  a  few  days  before  leaving  Victoria,  having  been  apprised 
of  the  existence  of  a  very  embittered  feeling  on  the  part  of  our  citizens, 
engendered  by  these  many  acts  of  injustice,  I  deemed  it  my  duty  to 
issue  an  address  to  the  Americans  residing  in  Vancouver's  Island  and 
British  Columbia,  putting  them  in  possession  of  the  views  of  their 
government  in  regard  to  their  rights  and  standing  in  those  colonies  ; 
admonishing  them  to  commit  no  violation  of  law,  and  to  be  obedient 
to  the  authorities  ;  at  the  same  time  admitting  the  numerous  abuses 
that  existed,  but  pledging  to  them  the  intervention  of  their  own  gov- 
ernment for  the  redress  of  their  grievances  ancl  the  protection  of  their 
rights.  This  address  I  subjoin  from  the  Victoria  Gazette,  of  November 
13,  1858. 

To  the  citizens  of  the  United  States  in  Vancouver's  Island  and  British 

Columbia : 

Having  received  from  citizens  of  the  United  States  mining  and 
trading  on  Frazer  river  and  in  its  vicinity,  a  number  of  letters  com- 
plaining of  acts  of  injustice  and  oppression  at  the  hands  of  the  colonial 
authorities,  and  being  on  the  eve  of  my  departure  to  lay  my  report 
before  the  government  at  Washington,  I  take  this  public  method  of 
apprising  American  citizens  sojourning  in  Vancouver's  Island  and 
British  Columbia  of  the  views  of  our  government  in  regard  to  their 
rights  and  standing  in  these  colonies. 

I  need  scarcely  say  that  the  government  of  the  United  States  expects 
of  its  own  citizens  abroad  a  decent  conformity  with  local  regulations, 


Vancouver's  island  and  British  Columbia. 


i 


obedience  to  the  laws  of  the  countries  they  visit,  and  a  proper  show 
of  respect  for  the  authorities  by  whom  those  laws  are  administered. 
This  is  exacted  of  strangers  visiting  the  diflferent  States  of  the  Union, 
who  are  amenable  to  punishment  for  a  violation  of  the  lawp  of  those 
States  or  of  the  United  States,  as  are  American  citizens  for  infraction 
of  the  laws  of  such  foreign  countries  as  they  may  enter  in  the  pursuit 
of  pleasure  or  of  business.  Such  of  cur  citizens,  therefore,  as  have 
taken  up  their  temporary  residence  in  British  Columbia  or  Vancouver's 
Island  are  subject,  like  all  other  residents  to  che  laws  of  the  colonies 
of  Great  Britain,  and  are  liable,  like  all  others  to  the  penalties  meted 
out  by  those  laws  to  persons  properly  convicted  of  their  violation. 

I  am  aware  that  an  elaborate  attempt  to  impress  these  facts  upon 
my  fellow-citizens  in  these  colonies  would  be  superfluous.  Their 
sobriety  of  deportment,  their  decent  observance  of  all  the  proprieties 
of  life  in  the  midst  of  privations  and  annoyances  of  no  common  de- 
gree, and  their  obedience  to  the  law  under  very  trying  provocations  to 
its  infringement,  although  they  may  not  have  gained  for  them  such 
liberal  treatment  as  was  due  to  that  forbearance  and  good  conduct, 
have  nevertheless  commanded  the  respect  of  the  strangers  among 
whom  they  are  cast,  and  cannot  fail  to  be  subjects  of  pride  and  gratu- 
lation  to  their  own  government. 

Considering  the  circumstances  attending  the  recent  settlement  of 
these  colonies,  it  was  scarcely  to  be  expected  that  a  well  regulated 
government  could  be  at  once  built  up  out  of  the  chaotic  elements 
suddenly  thrown  together  in  such  confusion.  Much  was  to  be  pardoned 
to  the  inexperience  of  an  executive  hitherto  dealing  for  the  most  part 
with  savages,  and  possibly  unprepared  by  previous  training  for  the 
more  refined  exigencies  imposed  by  governmental  relations  with  a 
white  population.  Much  of  the  cause  of  complaints  that  have  arisen 
was  to  some  extent  excusable,  because  due  to  the  unlicensed  rudeness 
of  the  subordinate  officers  of  the  Hudson's  Bay  Company,  and  the 
colonial  government,  who,  by  reason  of  their  long  isolation  from 
civilized  society,  and  their  habitual  intercourse  with  Indians  had 
unlearned  most  of  the  finer  traits  of  humanity  and  were  scarcely 
accountable  for  a  grossness  of  conduct  that  had  become  to  them  a 
second  nature ;  and  lastly,  much  was  to  be  excused  in  the  ignorance 
and  want  of  tone  of  courts  organized  out  of  such  crued  and  unfit  mate- 
rials as  those,  the  only  ones  that  were  at  hand  on  the  sudden  influx 
of  the  strangers.  In  some  instances,  no  doubt,  these  courts  have 
fallen  short  of  even  the  limited  expectations  justified  by  the  peculiar 
circumstances  of  their  construction,  and  the  strange  constituents  of 
which  they  were  composed.  But  it  is  not  to  be  doubted  that  the 
British  government  will,  without  unnecessary  delay,  provide  remedies 
for  the  evils  and  abuses  arising  from  this  condition  of  things,  evils 
and  abuses  afiiecting  not  alone  the  prosperity  of  it°  own  subjects,  but 
the  rights  of  citizens  of  a  foreign  and  friendly  power. 

The  forbearance  in  the  meantime  of  the  citizens  of  the  United 

States,  their  quiet  observance  of  the  laws  under  any  aggressions  on 

their  rights  of  which  they  may  have  to  complain,  will  not  alone  have 

its  reward  in  the  consciousness  of  having  done  credit  to  their  country, 

country  whose  institutions  are  based  upon  that  all-pervading  love  of 


( 


)per  show 
linistered. 
le  Union. 

of  those 
infraction 
le  pursuit 

,  as  have 
mcouver's 
16  colonies 
ties  meted 
atiou. 
facts  upon 
IS.  Their 
proprieties 
)mmon  de- 
ocations  to 
them  such 
d  conduct, 
jrs  among 
and  gratu- 


VANCOUVERS  ISLAND  AND  BRITISH  COLUMBIA. 


n 


tlement  of 
regulated 
elements 
e  pardoned 
i  most  part 
ng  for  the 
)ns  with  a 
lave  arisen 
»d  rudeness 
y,  and  the 
ition  from 
tdians  had 
re  scarcely 
to  them  a 
;  ignorance 
unfit  mate- 
iden  influx 
lourts  have 
he  peculiar 
itituents  of 
>d  that  the 
ie  remedies 
[lings,  evils 
ihjects,  hut 

the  United 
;ressions  on 
alone  have 
jir  country, 
ding  love  of 


order,  and  that  spirit  of  ohedience  to  the  law  which  distinguishes  its 
citizens,  but  it  will,  moreover,  entitle  them  to  the  active  intervention 
of  their  own  government  for  the  redress  of  their  grievances  and  for 
the  protection  of  their  rights.  That  the  government  of  the  United 
States,  upon  proper  cause  being  shown,  after  recourse  shall  have  been 
had  in  vain  to  the  tribunals  against  acts  of  oppression  or  injustice, 
will  so  intervene  for  the  redress  and  protection  of  its  citizens  in  British 
Columbia  and  Vancouver's  Island,  I  am  authorized  and  instructed  to 
give  them  the  most  emphatic  assurance.  If  wrong  be  done  them,  let 
them  appeal  to  the  courts.  It  is  to  be  hoped  they  will  obtain  justice  j 
but  should  those  tribunals,  unfortunately,  be  too  impotent,  too  ignorant, 
or  too  corrupt  to  administer  the  law  with  impartiality  and  firm- 
ness, our  citizens  may  reckon  with  certainty  upon  the  prompt  and 
efficient  interference  ot  their  own  government  in  their  behalf.  The  best 
guarantee  I  can  furnish  them  of  the  certainty  of  such  interposition 
will  be  found  in  the  subjoined  declaration  by  the  honorable  Lewis 
Cass,  Secretary  of  State  of  the  United  States,  in  a  recent  despatch  to 
our  minister  in  Nicaragua,  enunciating  clearly  and  vigorously  the 
views  of  our  government  in  respect  to  the  rights  of  our  citizens 
visiting  foreign  countries : 

**  The  United  States  believe  it  to  be  their  duty,  and  they  mean  to 
execute  it,  to  watch  over  the  persons  and  property  of  their  citizens 
visiting  foreign  countries,  and  to  intervene  tor  their  protection  when 
such  action  is  justified  by  existing  circumstances  and  by  the  law  of 
nations.  Wherever  her  citizens  may  go  through  the  habitable  globe, 
when  they  encounter  injustice  they  may  appeal  to  the  government  of 
their  country,  and  the  appeal  will  be  examined  into,  with  a  view  to 
such  action  on  their  behalf  as  it  may  be  proper  to  take.  It  is  impos- 
sible to  define  in  advance  and  with  precision  those  cases  in  which  the 
national  power  may  be  exerted  for  their  relief,  or  to  what  extent  relief 
shall  be  afforded.  Circumstances  as  they  arise  must  prescribe  the 
rule  of  action.  In  countries  where  well-defined  and  established  laws 
are  in  operation,  and  where  their  administration  is  committed  to  able 
and  independent  judges,  cases  will  rarely  occur  where  such  interven- 
tion will  be  necessary.  But  these  elements  of  confidence  and  security 
are  not  everywhere  found  ;  and  where  that  is  unfortunately  the  case, 
the  United  States  are  called  upon  to  be  more  vigilant  in  watching 
over  their  citizens,  and  to  interpose  efficiently  for  their  protection 
when  they  are  subjected  to  tortious  proceedings  by  the  direct  action  of 
the  government,  or  by  its  indisposition  or  inability  to  discharge  its 
duties." 

It  is  unnecessary  for  me  to  make  any  further  or  more  pointed  ap- 
plication of  this  declaration,  to  the  circumstances  of  American  citizens 
in  these  colonies.  Their  own  intelligence  and  prudence  will  enable 
them  so  to  guard  their  conduct  that  they  shall  never  forfeit  that 
provident  and  fatherly  care  and  protection  which  it  promises,  and 
which  the  government  of  the  United  States  has  both  the  ability 
and  the  will  to  exercise  over  all  its  children,  in  whatever  part  of  the 
world  they  may  be. 

JOHN  NUGENT, 
Special  Agent  of  the  United  States. 
Victoria,  Vancouver's  Island,  November  13,  1858. 


14 


VANCOUVER  S  ISLAND  AND   BRITISH   COLUMfiU. 


From  what  has  gone  before,  it  will  not  be  denied  that  my  remarks 
concerning  the  executive  were  founded  in  justice  ;  as  to  the  courts, 
their  partiality  was  almost  inconceivable.     The  animus  with  which 
they  dealt  out  law  to  American  citizens  will  be  best  understood  from  a 
letter  appended  to  this  report  from  Captain  William  Webster,  now  in 
this  city,  from  which  it  will  be  seen  that  the  chief  justice  of  the  colony 
•of  Vancouver's  Island,  Mr.  Cameron,  once  so  far  forgot  himself  on 
one  occasion  as  to  say  in  open  court  that  the  only  further  punishment 
he  thought  should  be  inflicted  on  a  person  named  Munro,  convicted 
of  perjury,  who  had  been  in  prison  for  three  months,  was  "to  send 
him  to  the  other  side,"  (Washington  Territory,)  "  where  all  rogues 
and  villains  should  be  sent,  where  they  belonged,  and  should  remain." 
Among  the  Hudson's  Bay  Company's  people,  there  are  some  gentle- 
men of  high  character  and  respectability.     Mr.  McKay,  Mr.  McTavish , 
Mr.  McLean,  and  the  agent  at  Fort  Yale,  whose  name  I  forget,  have 
exhibited  marked  courtesy  and  kindness  towards  Americans  ;    but 
that  my  strictures  upon  the  generality  of  the  subordinate  officers, 
to  whom  they  were  intended  to  apply,  were  not  too  severe  will  be  ad- 
mitted, when  I  state  on  the  authority  of  Colonel  Snowden,  a  citizen 
of  Yuba  county,  in  California,  that  he  learned  from  several  Indian 
chiefs,  that  they  and  their  people  were  led  to  believe  by  the  representa- 
tions of  the  Hudson's  Bay  Company's  servants,  that  the  Americans 
were  coming  there  to  rob  them  of  their  cattle,  of  their  food,  and 
their  squaws  ;  and  were  advised  by  those  same  evil  minded  indi- 
viduals to  commence  a  war  of  extermination  against  our  citizens  ; 
and  furthermore,  when  I  state  that  one  of  the  guns  captured  from  the 
hands  of  an  Indian  in   October  last,  in  one  of  Colonel  Wright's 
Indian  fights  in  Washington  Territory,  was  a  British  musket  of  the 
date  of  1857,  which  arm  could  not  have  found  its  way  into  the  heart 
of  our  Indian  Territory,  except  through  the  emissaries  of  the  Hudson's 
Bay  Company  ;  and  that  numbers  of  similar  weapons  were  furnished 
to  the  Indians  in  the  war  against  our  troops  not  the  slightest  doubt 
is  entertained.     My  information  in  regard  to  this  fact  is  derived  from 
a  number  of  army  officers,  fresh  from  the  battle-fields  of  Washington 
Territory,  and  personally  cognizant  of  the  matter ;   among  them. 
Lieutenant  Morgan,  now  stationed  at  Old  Point  Comfort,  Lieutenant 
Tyler,  I  believe  on  leave,  and  within  a  few  houis  reach  of  this  place, 
and  Captain  Fletcher,  on  leave,  and  within  telegraphic  communica- 
tion in  Virginia.     I  will  further  state  that  there  is  evidence  now  in 
the  Department  of  State,  that  after  a  disastrous  battle  fought  in 
Washington  Territory,  during  the  last  year,  with  the  Spokanes  and 
other  Indians,  the  mules,  horses,  accoutrements,  and  other  property 
of  the  United  States  which  fell  into  the  hands  of  the  savages,  were 
subsequently  purchased  from  them  by  the  agents  of  the  Hudson's  Bay 
Company,  at  Colville,  and  other  places  ;  that  this  property  bore  the 
marks  and  brands  of  the  United  States,  and  was  known  to  the  pur- 
chasers to  have  been  plundered  by  the  Indians,  who  were  then  in  a  state 
of  rebellion  against  our  government. 

But  that  they  did  not  confine  themselves  simply  to  receiving  this 
stolen  property,  but  absolutely  supplied  the  Indians  then  in  the  field 
against  our  troops  with  ammunition  and  arms,  is  abundantly  proved 


Inc 


wit 

mi 

no) 

pa^ 

arc 

nig 

wil 

ho 

ou} 

Ur 
fui 

thj 
roJ 
"Onj 
grl 

so] 
ioi 


VANCOUVER  S   ISLAND  AND  BRITISH   COLUMBIA. 


15 


^  remarks 
he  courts, 
ith  which 
>od  from  a 
jr,  now  in 
the  colony 
limself  on 
inishment 

convicted 
I  "to  send 
all  rogues 
I  remain." 
me  gentle- 
McTavish, 
rget,  have 
cans ;   but 
te  officers, 
will  be  ad- 
i,  a  citizen 
;ral  Indian 
representa- 
Americans 

food,  and 
nded  indi- 
r  citizens  ; 
jd  from  the 
[  Wright's 
isket  of  the 
0  the  heart 
e  Hudson's 
e  furnished 
htest  doubt 
erived  from 
^''ashington 
long  them, 

Lieutenant 

this  place, 
communica- 
mce  now  in 

fought  in 
pokanes  and 
ler  property 
vrages,  were 
udson's  Bay 
rty  bore  the 

to  the  pur- 
len  in  a  state 


jceivmg 


_  this 
in  the  field 
antly  proved 


by  the  testimony  of  army  officers  and  others.  Mr.  John  Owen,  special 
Indian  agent  to  the  Flathead  nation,  Washington  Territory,  writes 
from  Colville  valley,  on  the  11th  of  July,  1858,  as  follows :  (I  quote 
from  the  report  of  the  Secretary  of  the  Interior,  pages  618,  619,  620.) 
"I  arrived  ft  Fort  Colville  in  company  with  the  Hudson's  Bay 
Company's  'brigade,'  on  the  4th  instant.  I  met  at  Colville  the 
Coeur  d'  Alene  chief,  with  some  ten  others  of  the  same  tribe.  They 
came  well  mounted,  on  United  States  horses  and  mules  ;  they  are 
offering  the  mules  for  sale  ;  some  were  bought  by  the  Hudson's  Bay 
Company.  I  told  the  gentleman  in  charge  that  I  had  no  orders  to 
stop  it,  but  I  did  not  think  it  right  to  furnish  a  market  for  stolen 
horses  to  the  enemy." 

"  The  Hudson's  Bay  Company's  train,  some  two  hundred  head  of 
horsess,  tarts  in  a  few  days  for  Fort  Hope,  for  the  year's  outfit.  I  think 
they  are  to  bring  some  two  thousand  pounds  of  powder,  with  a  pro- 
portionate quantity  of  ball.  This,  as  a  matter  of  course,  will  find  its 
way  into  the  hostile  camp,  or  at  least  a  large  portion  of  it.  The  trade 
in  ammunition  might  be  stopped  here,  but  as  the  gentleman  in  charge 
told  me,  we  could  not  prevent  the  company  from  trading  at  Fort  Forty- 
nine,  which  is  another  post,  some  thirty  miles  above  Colville,  on  the 
right  bank  of  the  river  and  across  the  line." 

Mr.  Nesmith,  superintendent  of  Indian  affairs  for  Oregon  and  Wash- 
ington Territories,  to  whose  notice  these  facts  were  brought,  writes  to 
the  special  agent  as  follows.  His  letter,  dated  August  2,  1853,  is  to 
be  found  on  pages  623,  624  of  the  report  of  the  Secretary  of  the 
Interior. 

*' You  are  also  requested  to  warn  the  officer  in  charge  of  the  Hud- 
son's Bay  Company's  post  at  Colville  to  desist  from  encouraging  the 
Indians  in  stealing  and  marauding  by  purchasing  from  them  the 
property  captured  or  stolen  from  the  government  or  citizens  of  the 
United  States.  You  will  also  warn  him  against  supplying  the  Indians 
with  arms  and  ammunition,  and  communicate  such  acts  of  the  kind  as 
may  come  to  your  knowledge  to  the  commanding  officer  of  the  column 
now  approaching  Colville.  If  the  officers  of  the  Hudson's  Bay  Com- 
pany have  knowingly  become  the  recipients  of  stolen  property,  they 
are  as  guilty  as  the  thief  who  stole  it,  which,  together  with  their  fur- 
nishing arms  and  ammunition  to  murder  our  people,  should  stamp  them 
with  infamy  and  cause  their  expulsion  from  American  soil.  It  is 
hoped  that  the  military  will  take  steps  to  prevent  a  repetition  of  the 
outrages  complained  of. ' ' 

The  subjoined  extract  from  a  letter  published  in  the  Washington 
Union  of  October  31,  1858,  from  Doctor  F.  Perkins,  of  Oregon,  will 
furnish  further  corroboration  of  the  above  charges : 

"  We  remained  at  Fort  Colville  four  days,  and  during  that  time 
thirty  of  the  Coeur  d'Alenes,  with  their  head  chief,  were  occupying  a 
room  in  the  fort.  It  will  be  remembered  that  these  were  the  very 
•ones  who  had  defeated  Colonel  Steptoe ;  and  they  had  with  them  a 
great  number  of  American  *U.  S.  D.'  mules  and  horses,  which  were 
sold  to  the  chief  of  the  Hudson's  Bay  Company  at  Fort  Colville, 
for  a  small  nominal  price ;  he  thus  furnishing  a  market  for  stolen 


m 


n: 


16 


Vancouver's  island  and  British  Columbia. 


goods,  knowing  them  to  be  such,  and  that  they  had  been  taken  at 
Colonel  Steptoe's  defeat.  While  we  were  at  Fort  Colville,  every  night 
the  Indians  would  have  their  scalp  dance,  with  their  drums  beating 
and  war-whoops  sounding.  They  did  exactly  as  they  pleased  there,  > 
and  would  go  into  the  kitchen  and  take  smut  off  of  the  kettles  to  black  I 
their  faces,  which  is  a  well  known  sign  of  hostility,  indicating  war  to 
the  knife.  In  connexion  with  this  subject,  I  will  mention  that  the 
chief  in  charge  at  Fort  Colville  made  the  remark  that  if  the  United 
States  government  would  not  allow  him  to  sell  the  Indians  ammunition 
there,  he  would  do  it  at  Fort  Forty-nine,  which  is  three  miles  north 
of  the  line  in  the  British  possessions.  Heretofore  there  has  been  a 
very  small  amount  of  ammunition  sent  up  from  Fort  Hope  to  Fort 
Colville  for  the  winter ;  biit  this  year  it  amounts  to  five  hundred 
pounds  of  powder,  nearly  double  the  amount  sent  any  previous  year. 
Where  the  Indians  have  procured  the  ammunition  with  which  they 
have  fought  Colonel  Steptoe  and  the  whites  I  do  not  pretend  to  say ; 
but  the  fact  that  the  Hudson's  Bay  Company  have  sent  up  so  much 
more  than  usual  this  year,  when  they  have  no  more  call  for  it  than 
before,  is  suggestive,  and  every  man  can  draw  his  own  deductions  how 
this  ammunition  is  to  be  used." 

During  my  stay  at  Victoria,  I  was  informed  by  the  city  marshal 
that  a  number  of  American  citizens,  Abraham  Doran,  William  John- 
son, William  Harris,  Wesley  Cooper,  Hulen  Miles,  and  a  negro  named 
William  Hurley,  accused  of  various  oifences  against  the  law,  were 
about  to  be  sent  to  trial  without  counsel.  With  the  exception  of  the 
crown  solicitor,  (prosecuting  attorney)  the  only  members  of  the  bar 
in  the  colony  were  American  citizens,  and  these  were  not  allowed  to 
practice  in  the  courts.  I  addressed  a  note  to  Governor  Douglas,  re- 
questing him,  under  these  circumstances,  to  interpose  and  cause  coun- 
sel to  be  assigned  to  the  accused  from  among  the  members  of  the 
American  bar  present,  as  the  denial  of  counsel  would  operate  as  a  great 
hardship  and  injustice.  While  the  governor  was  holding  the  matter 
under  advisement,  the  prisoners  were  tried,  and  with  one  exception,  I 
believe,  convicted.  Afterwards  I  was  informed  by  a  note  from  his 
excellency  that  the  application  could  not  be  granted,  as  the  rules  of 
the  court  forbade  any  body  practicing  before  it  who  was  not  a  subject 
of  the  British  crown.  I  regret  to  be  obliged  to  characterize  this  as 
a  mere  subterfuge ;  that  it  was  such  will  appear  from  the  fact  that 
the  gentleman  who  then  held  the  office  of  crown  solicitor  had  bc^n  a 
member  of  the  San  Francisco  bar  for  two  years. 

My  correspondence  with  Governor  Douglas  on  this  question  is 
furnished  herewith. 

From  all  these  petty  exactions  and  oppressions,  these  denials  of 
justice  and  evidences  of  rampant  prejudice,  the  conclusion  is  irre- 
sistible that  whatever  may  have  been  the  disposition  of  the  British 
government,  the  feeling  of  the  colonial  officials  and  of  the  servants  of 
the  Hudson's  Bay  Company  was  aught  but  friendly  toward  our  people. 
Their  conduct  was  the  less  excusable,  for  the  reason  that  the  citizens 
of  the  United  States  visiting  the  colonies,  comported  themselves, 
throughout,  with  the  most  remarkable  sobriety  and  decorum.  All  the 
colonial  officials,  including  Governor  Douglas,  many  times  expressed  of 


< 


VANCOUVER  S  ISLAND   AND   BRITISH    COLUMBIA. 


17 


I  taken  at 
ivery  ni^ht 
QS  Deatmg 
ised  there, 
lea  to  black 
ting  war  to 
1  that  the 
the  United 
mmunition 
ailes  north 
iias  been  a 
pe  to  Fort 
re  hundred 
vious  year, 
which  they 
nd  to  say; 
ip  so  much 
for  it  than 
ictions  how 

ity  marshal 
lliam  John- 
Legro  named 
J  law,  were 
)tion  of  the 
s  of  the  bar 

allowed  to 
Douglas,  re- 
cause  coun- 
nbers  of  the 
te  as  a  great 

the  matter 
exception,  I 
ote  from  his 
the  rules  of 
lot  a  subject 
2rize  this  as 
ihe  fact  that 

had  bc^n  a 

question  is 

se  denials  of 

sion  is  irre- 

f  the  British 

e  servants  of 

lour  people. 

the  citizens 

themselves, 

im.     All  the 

es  expressed 


I 


their  surprise  at  the  utter  absence  of  any  riotous  or  disorderly  spirit 
among  the  miners.  Even  breaches  of  the  peace  of  the  most  trivial 
character  were  of  very  rare  occurrence ;  and,  by  everybody,  the  warmest 
praises  were  volunteered  on  the  invariably  quiet  and  orderly  conduct 
that  was  observed.  I  would  here  remark  that  from  the  officers  of  the 
navy  stationed  near  Victoria,  and  from  the  English  gentlemen  residing 
on  Vancouver's  Island,  the  Americans  received  naught  but  courtesy, 
kindness,  and  attention,  from  first  to  last ;  and  by  none  have  I  heard 
the  acts  of  the  Hudson's  Bay  Company's  servants  more  strongly  cen- 
sured than  by  subj.cts  of  Great  Britain  who  have  long  resided  on  the 
island,  and  who  are  cognizant  of  the  many  abuses  practiced  by  the 
company  and  its  agents. 

If  the  unkind  and  unfriendly  acts  upon  which  I  have  commented 
above,  originated  from  jealousy  of  the  advent  of  the  Americans,  or 
from  fear  of  their  eventually  laying  claim  to  the  country,  such  jeal- 
ousy and  such  apprehensions  were  wholly  gratuitous.  The  Ameri- 
cans, it  is  true,  were  in  sufficient  force  any  time  within  the  first  six 
months  to  make  successful  any  movement  on  their  part  towards  the 
seizure  of  the  colonies,  which  the  fears  of  the  authorities  may  have 
suggested  as  possible ;  but  they  entered  the  country  with  no  maraud- 
ing propensities ;  and  furthermore,  setting  aside  their  indisposition 
to  disturb  the  peaceful  and  friendly  relations  subsisting  between  their 
own  country  and  Great  Britain,  the  two  colonies  of  Vancouver's  Island 
and  British  Columbia  really  offered  no  inducements  sufficient  to  render 
them  worthy  of  even  a  temporary  struggle.  It  is  true  that,  in  all 
probability,  both  will  eventually  cease  to  be  under  European  control. 
Their  ultimate  accession  to  the  American  possessions  on  the  Pacific 
coast  is  scarcely  problematical — but  in  the  meantime  their  intrinsic 
value  either  of  locality,  soil,  climate,  or  productions,  does  not  warrant 
any  effort  on  the  part  of  the  American  government  or  the  American 
people  towards  their  immediate  acquisition. 

As  national  possessions  these  colonies  are  to  us  but  of  little  value. 
As  I  have  already  stated,  Vancouver's  Island — two  hundred  and 
seventy  miles  long  and  forty  to  fifty  miles  broad — contains,  as  far  as  I 
could  learn,  not  more  than  some  twenty  or  twenty-five  miles  of  open 
land,  and  that  not  of  the  first  quality.     It  has  one  town,  Victoria, 
very  prettily  situated,  filled  with  a  highly  intelligent  and  enterprising 
American  population,  and  destined  to  be  a  place  of  some  consequence. 
But  the  chief  value  of  the  island  consists  of  the  harbor  of  Esquimalt, 
which  has  capacity  for  a  whole  navy,  and  where  vessels  can  lie  per- 
fectly secure  from  every  wind  that  blows.     Soke  harbor  is  small,  but 
very  secure.     Around  the  Cowichin  villages  is  an  extensive  plain  of 
good  land,  and  the  coal  beds  of  Nanaimo  are  of  good  quality.     So 
much  for  Vancouver's  Island.     Further  explorations  of  the  interior 
of  the  island  may  in  time  lead  to  the  discovery  of  more  valuable  re- 
sources, although  this  is  not  probable.     British  Columbia  has  little 
to  recommend  it,  except  the  forests  of  spars  contiguous  to  the  coast. 
The  town  of  Fort  Langley,  thirty-five  miles  from  the  mouth  of  Frazer 
river,  contains  about  eighty  inhabitants.     Fort  Hope,  some  sixty-five 
miles  above,  contains  about  two  hundred  inhabitants,  and  as  the  head 
of  winter  navigation  will  probably  be  the  depot  of  winter  supplies  for 

H.  Ex  Doc.  Ill 2 


18 


VANCOUVEtt  S  ISLAND   AND   DRITISH   COLUMDIA. 


the  miners  above.  Fort  Yale,  sixteen  miles  above  Fort  Hope,  is  a 
bustling  town  of  some  five  or  six  hundred  inhabitants.  It  is  just  below 
the  point  where  the  river  c»  -es  to  be  navigable  even  for  canoes,  and 
is  a  place  of  considerable  trade.  The  river,  even  below  Fort  Yale,  is 
full  of  rapids,  eddies,  and  under  currents,  and  its  navigation  is  at  all 
times  attended  with  difficulty  and  danger.  I  do  not  regard  the  gold 
fields  of  the  colony  hitherto  prospected  as  valuable.  Gold  will  be 
found  over  the  whole  country ;  but  it  is  not  extravagant  to  say  that 
every  ounce  hitherto  taken  out  of  the  Frazer  river  gold  diggings  h.-s 
cost  much  more  than  an  ounce  to  obtain  it,  not  to  mention  tlie  immense 
number  of  lives  lost  in  the  whirlpools  of  that  treacherous  stream.  As 
national  possessions,  then,  with  the  exception  of  the  harbor  of  Esqui- 
mau, these  colonies  are,  as  I  have  stated,  to  us  comparatively  value- 
less. It  is  true  that  the  gold  fields  of  Frazer  river,  although  they 
will  cease  to  command  the  attention  of  our  citizens,  will  attract  emi- 
grants from  England  ;  besides,  a  number  of  Americans  will  continue 
,  in  mercantile  pursuits  in  Victoria,  and  the  great  bulk  of  the  mining 
population  still  on  Frazer  river  is  likewise  American.  I  respectfully 
suggest  in  this  connexion  the  necessity  of  appointing  a  consul  to  re- 
side at  Victoria,  whose  functions  should  extend  over  Vancouver's 
Island  and  British  Columbia.  The  interests  of  our  citizens  in  that 
quarter  imperatively  demand  the  presence  of  a  commercial  agent. 

The  gold  excitement  caused  a  number  of  small  towns  to  spring  up 
in  Washington  Territory,  contiguous  to  Frazer  river  and  the  mines. 
South  of  Point  Roberts  and  close  to  the  49th  parallel,  a  town  called 
Semiamo  was  laid  out,  on  the  little  bay  of  that  name,  from  which  there 
is  a  road  leading  to  Fort  Langley,  a  distance  of  seventeen  miles  ;  and 
on  Bellingham  bay  the  towns  of  Sehome  and  Whatcom  were  estab- 
lished. From  this  latter  point  a  trail  was  cut,  with  great  labor  and 
expense,  to  intersect  the  trail  to  Fort  Hope.  A  number  of  the  immi- 
grants entered  the  country  overland,  having  come  by  way  of  the  Dalles 
of  the  Columbia,  thence  taking  the  trail  to  Fort  Kamloops,  and  from 
that  point  proceeding  down  Thompson's  river  to  the  forku.  1  here- 
with present  a  map  of  the  Frazer  river  country,  with  manuscript  lines 
and  notes,  which  will  give  a  better  idea  of  it  than  any  of  those  pub- 
lished. I  could  not  learn  that  any  overland  expedition  from  the  States 
or  Territories  east  of  the  llocky  mountains  had  reached  that  country 
previous  to  my  departure. 

During  my  stay  in  Victoria,  a  number  of  American  citizens  who  had 
Gome  down  from  Frazer  river,  utterly  destitute,  without  food,  clothing 
or  any  prospect  of  employment,  or  means  to  leave  the  country,  ap- 
plied to  me  for  relief.  Being  without  authority  to  contract  for  send- 
ing them  to  their  homes,  but  not  deeming  it  consistent  either  with 
hnmanity  or  proper  national  pride  to  suflfer  them  to  starve  in  a  foreign 
land,  as  they  would  have  done  had  they  remained  on  the  island,  I 
appealed  to  the  liberality  of  the  agents  of  the  Pacific  Mail  Steamship 
Company,  and  thos?  gentlemen,  with  most  praiseworthy  readiness, 
acceded  to  my  request  to  convey  a  number  of  the  most  destitute  to  San 
FranciscO;  agreeing,  at  the  same  time,  to  depend  upon  the  justice  o^" 
Congress  for  remuneration.  A  memorandum  of  the  number  ot  desti- 
tute citizens  sent  home  by  tlie  company's  steamers,  as  well  as  a  copy 


b  Hope,  is  a 
is  just  below 
canoes,  and 
j'ort  Yale,  is 
tioQ  is  at  all 
ard  the  gold 
3old  will  be 
t  to  say  that 
Jiggings  h.  8 
the  immense 
stream.  As 
bor  of  Esqui- 
itively  value- 
ithough  the^ 
attract  emi- 
will  continue 
f  the  mining 
[  respectfully 
consul  to  re- 
Vancouver's 
tizens  in  that 
ial  agent. 
3  to  spring  up 
id  the  mines - 
a  town  called 
n  which  there 
!n  miles ;  and 
n  were  estab- 
eat  labor  and 
•  of  the  immi- 
T  of  the  Dalles 
ops,  and  from 
)rktJ.  1  here- 
nuscript  linea 
of  those  pub- 
rom  tlie  States 
I  that  country 

izens  who  had 
food,  clothing 
e  country,  ap- 
tract  for  send- 
at  either  with 
ire  in  a  foreign 

the  island,  I 
[ail  Steamship 
thy  readiness, 
estitute  to  San 

the  justice  o^" 
mber  ot  dest;- 
well  as  a  copy 


VANCOUVER  8   ISLAND   AND   BRITISH   COLUMBIA. 


19 


I 


of  my  correspondence  with  the  company's  agents,  at  San  Francisco, 
will  be  found  appended  to  this  report.  In  this  connexion  I  take  great 
pleasure  in  mentioning  the  humanity  and  kindness  of  Captain  Lub- 
bock, of  the  steamer  "  Maria,"  and  Captain  Wright,  of  the  "Enter- 
prise," to  numbers  of  destitute  citizens  who  had  no  means  to  pay  for 
a  passage  from  the  mines  down  to  Victoria.  A  large  number  were 
taken  down  by  those  gentlemen  without  charge.  Through  the  libe- 
rality of  Mr.  Garrison  a  number  were  likewise  taken  down  from  Vic- 
toria to  San  Francisco  on  the  steamship  **  Cortes." 

I  have  already  noticed  the  importance  to  the  British  government  of 
the  harbor  of  Esquimalt,  on  the  southern  end  of  Vancouver's  Island. 
That  its  value  is  begining  to  be  appreciated  by  that  power  is  already 
shown  by  the  recent  concentration  at  that  point  of  quite  a  formidable 
Fquadron,  and  by  the  preparations  said  to  be  in  progress  for  the  con- 
struction of  forts  and  other  means  of  defence.  Simultaneously  with 
these  movements  and,  indeed,  somewhat  in  advance  of  them,  the  Russian 
government  has  been,  for  some  time,  engaged  in  fortifying  the  mouth  of 
the  Amoor.  For  several  months  past  vessels  from  above  have  been  ar- 
riving at  that  point  laden  with  heavy  guns,  powder,  shot  and  shell,  and 
other  materials  for  the  construction  of  fortifications.  It  is  evident  that 
both  powers  look  upon  these  points  as  very  valuable  as  naval  stations, 
and  as  possibly  of  great  importance  in  other  points  of  view  in  the  event 
of  a  European  war.  In  this  connexion  I  beg  to  be  permitted  to  call 
attention  to  the  fact  that  on  our  whole  coast,  north  of  San  Francisco, 
there  is  no  harbor  affording  a  safe  anchorage  for  vessels  during  the 
southerly  gales  that  prevail  in  the  winter  months. 

By  the  construction  of  a  breakwater  at  Crescent  City  a  very  sale  and 
commodious  harbor  can  be  obtained,  and,  considering  the  very  great 
importance  of  a  safe  port  on  the  coast,  the  expense  of  the  necessary 
works  wo"^d  be  but  trivial.  I  need  not  say  that  the  want  of  a  secure 
harbor  ou  their  coast  is  a  great  check  to  the  prosperity  of  the  people 
of  the  northern  counties  of  California,  and  that  their  numbers  and  the 
vast  resources  of  that  portion  of  the  State  entitle  them  to  considera- 
tio'ii  at  rhe  hands  of  the  general  government.  But  among  the  islands 
stretching  from  the  Straits  of  Bosario  to  the  Canal  de  Haro  there  are 
a  number  of  fine  harbors,  which,  from  their  capacity  and  safety,  leave 
us  nothing  to  regret  in  having  yielded  Vancouver's  Island.  San  Juan, 
an  island  fourteen  or  fifteen  miles  long  by  about  seven  miles  wide,  has 
two  excellent  harbors  ;  and  Lopez  island,  opposite  and  separated  from 
it  by  a  channel  of  not  more  than  a  mile  wide,  has  another  fine  harbor, 
perfectly  land-locked  and  safe  at  all  times. 

Both  islands  possess  a  fine  soil,  plenty  of  timber  and  of  running 
water,  abundance  of  pasture  land,  and  the  whole  group  is  famous  as 
a  fishing  station. 

The  present  condition  of  this  group  of  islands  I  shall  briefly  de- 
scribe. They  are  claimed  by  Washington  Territory  as  a  part  of 
Whatcom  county  ;  and,  at  the  same  time,  are  claimed  by  the  officers  of 
the  British  government  as  belonging  to  the  possessions  of  that  power  on 
the  Pacific.  They  have  already  been  the  subject  of  some  controversy 
between  the  American  and  British  commissioners  for  running  the 
boundary  line,  and  the  matter  has  been  referred  by  those  gentlemen 


% 


20 


Vancouver's  island  and  British  Columbia. 


i^iil 


i  i 


to  their  respective  governments.     A  few  words  will  explain  the  nature 
of  the  dispute. 

The  treaty  of  June  15, 1846,  stipulates  as  follows  :  Article  1.  **From 
the  point  of  the  forty-ninth  parallel  of  north  latitude,  where  the 
houndary  laid  down  in  existing  treaties  and  conventions  hetween  Great 
Britain  and  the  United  States  terminates,  the  line  of  boundary  be- 
tween the  territories  of  her  Britannic  Majesty  and  those  of  the  United 
States  shall  be  continued  westward  along  the  49th  parallel  of  north 
latitude  to  the  middle  of  the  channel  which  separates  the  continent  from 
Vancouver's  Island  ;  and  thence  southerly  through  the  middle  of  the 
said  channel  and  of  FucaStraits  to  the  Pacificocean :  Provided,  however, 
that  the  navigation  of  the  said  channel  and  straits  south  of  the  forty- 
ninth  parallel  of  north  latitude  remain  free  and  open  to  both  parties." 

There  are  two  channels  between  the  continent  and  Vancouver's 
Island,  both  leading  out  into  the  Straits  of  Fuca.  The  Straits  of  Rosa- 
rio,  a  narrow  channel  nearest  to  the  main  land,  and  the  Canal  de  Haro, 
which,  besides  being  the  beaten  track,  is  much  wider,  has  greater 
average  depth  of  water,  and  is  nearer  to  Vancouver's  Island.  It  is 
claimed  on  the  part  of  Great  Britain  that  the  Straits  of  Kosario,  being 
the  channel  nearest  to  the  mainland,  is  that  contemplated  by  the 
treaty ;  but  a  very  slight  consideration  of  the  circumstances  under 
which  the  line  was  run,  as  well  as  of  the  wording  of  the  article  above 
quoted,  will  show  that  this  position  is  wholly  untenable.  In  the  first 
place,  the  only  reason  why  the  boundary  line  was  caused  to  deflect 
from  the  forty- ninth  parallel  before  it  reached  the  Pacific  ocean  was 
to  avoid  the  southern  end  of  Vancouver's  Island,  on  which  there  was 
then  a  British  settlement.  The  intendment  of  the  article  was  merely 
to  save  to  Great  Britain  the  island  of  Vancouver,  and  consequently  the 
nearest  channel  to  Vancouver  was  undoubtedly  that  through  the 
middle  of  which  the  treaty  contemplated  the  line  should  run.  Again, 
the  islands  bordering  on  the  continent  belong  to  the  continent,  unless 
otherwise  stipulated  ;  but  there  is  no  stipulation  except  as  to  Van- 
couver's Island  ;  neither  was  there  any  reason  existing  at  that  time 
why  there  should  be,  as  none  of  the  islands  in  dispute  were  then  occu- 
pied by  subjects  of  Great  Britain. 

It  does  not,  of  course,  become  me  in  this  place  to  enter  into  an 
elaborate  argument  of  this  question.  My  purpose  is  simply  to  call 
attention  to  the  design  apparently  entertained  by  Great  Britain,  on 
the  shallowest  possible  pretext,  to  deprive  the  people  of  the  United 
States  of  possessions  clearly  theirs,  and  the  importance  of  which  to 
them,  as  well  as  to  the  government  of  the  United  States,  can  scarcely 
be  overestimated. 

I  have  *^    honor  to  be,  with  great  respect,  your  obedient  servant. 

JOHN  NUGENT, 
Special  Agent  of  tht  United  Slates. 

Hon.  Lewis  Cass,  Secretary  of  State. 


VICTORIA;  Vancouver's  Island, 

October  6,  1858. 

The  undersigned,  special  agent  of  the  United  States,  has  the  honor 
to  state  to  his  excellency  Governor  Douglas  that  he  is  informed  there 


IIA. 


VANCOUVER'S  ISLAND   AND   BRITISH   COLUMBIA. 


91 


Etin  the  nature 

del.  ''From 
io,  where  the 
between  Great 
boundary  be- 
of  the  United 
•allel  of  north 
jontinent  from 
middle  of  the 
ided,  however, 
h  of  the  forty- 
both  parties." 
I  Vancouver's 
(traits  of  Rosa- 
Canal  deHaro, 
r,  has  greater 
Island.    It  is 
Rosario,  being 
iplated  by  the 
istances  under 
e  article  above 
B.    In  the  first 
lused  to  deflect 
cific  ocean  was 
hich  there  was 
cle  was  merely 
nsequently  the 
through  the 
run.    Again, 
ntinent,  unless 
ept  as  to  Van- 
ig  at  that  time 
were  then  occu- 

enter  into  an 

simply  to  call 

sat  Britain,  on 

of  the  United 

ice  of  which  to 

es,  can  scarcely 

iient  servant. 
IGENT, 
Jnited  Slates. 


I 


are  six  American  citizens  now  in  the  prison  of  the  fort  await! ne  trial 
on  various  charges  ;  that  these  persons  are  denied  the  benefit  ofcoun- 
sel,  for  the  reason  that  no  member  of  the  American  bar  is  permitted 
to  practice  in  the  courts  of  this  colony,  and  the  only  British  subject 
who  practices  in  the  courts  is  the  crown  solicitor,  whose  duty  it  is  to 
prosecute  the  accused ;  that  the  prisoners  are  men  ignorant  of  law, 
and  therefore  unable  to  present  a  proper  defiance ;  and  that,  from  these 
causes,  the  accused  may  suffer  great  hardship  and  injustice. 

In  view  of  the  above  facts,  the  undersigned  begs  that  his  excellency 
Governor  Douglas  will  so  far  interpose  to  promote  the  ends  of  justice, 
as  to  cause  counsel  to  be  assigned  to  the  accused  from  among  the 
members  of  the  American  bar  resident  in  Victoria ;  and  further  to 
provide  that  a  similar  course  be  observed  in  all  such  cases  hereafter 
occurring,  until  the  arrival  of  persons  qualified,  by  reason  of  being 
British  subjects,  to  practice  in  the  courts. 

The  undersigned  has  the  honor  to  be,  &c.,  his  excellency's  obedient 
servant, 

JOHN  NUGENT, 
Special  Agent  of  the  United  States, 

His  Excellency  Governor  Doiolas. 


!  Island, 
lober  6,  1858. 

,  has  the  honor 
informed  there 


I 


Victoria,  Vancouver's  Island. 

Sir  :  I  am  directed  by  his  excellency  the  governor  to  acknowledge 
the  receipt  of  your  letter  of  the  6th  instant,  requesting  his  excel- 
lency's attention  to  the  case  of  certain  American  citizens  now  in  prison 
■at  this  place  on  various  charges,  and  who  are  deprived  of  the  benefit 
of  counsel,  for  the  reason  that  no  member  of  the  American  bar  is 
permitted  to  practice  in  the  courts  of  Vancouver's  Island  ;  and  further 
desiring  that  his  excellency  will  so  far  interpose  to  promote  the  ends 
of  justice  as  to  cause  counsel  to  be  assigned  to  the  accused  from  among 
the  members  of  the  American  bar  resident  in  Victoria,  and  to  provide 
that  a  similar  course  be  taken  in  all  such  cases  hereafter. 

I  am  also  directed  by  his  excellency  to  assure  you  of  his  desire  to 
take  into  favorable  consideration  the  proposition  in  your  letter  ;  and 
■at  the  same  time,  while  admitting  the  hardship  of  the  cases  referred 
to,  to  state  his  opinion  that  the  constitutional  law  of  England  does 
not  invest  him  as  governor  with  authority  to  alter  or  suspend  the 
established  rules  of  the  law  courts  of  the  colony. 

As  this,  however,  is  a  question  of  great  public  importance,  his 
excellency  will  submit  it  for  the  consideration  of  the  law  officers  of  the 
colony,  and  will  communicate  to  Mr.  Nugent  their  decision  as  soon  as 
xeceived. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

RICHARD  GOLLEDGE, 

Secretary. 

John  Nugent,  Esq., 

Special  agent  of  the  United  States^  &c. 


22 


V>J^C0UVER'8  ISLAND  AND   BRITISH   COLUMBIA. 


Government  House,  Victoria, 
Vancouver's  laland^  October  14,  1858. 

Sir  :  With  referonce  to  the  communication  which  I  had  tho  honor 
of  addressing  you  by  his  excellency's  instructions  on  the  8th  instant, 
I  am  directed  by  the  governor  to  transmit  for  your  information  a  copy 
of  a  communication  received  from  the  crown  solicitor  ol  Vancouver's 
Island,  showing  that,  in  his  opinion,  no  power  is  vested  in  the  execu- 
tive to  cause  counsel  from  among  the  members  of  the  American  bar 
resident  in  Victoria  to  be  assigned  to  parties  accused  of  offences  and 
awaiting  trial  in  the  courts  of  Vancouver's  Island. 

The  governor  further  desires  me  to  state  to  you  that  the  courts  have 
no  objection  whatever  to  allow  persons  in  custody  to  receive  aflsistanoe 
from  members  of  the  American  bar,  or  others  who  may  be  willing  to 
aid  them  in  preparing  for  their  defence. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

f  RICHARD  GOLLEDGE, 

Secretary. 

John  Nugent,  Esq., 

Special  agent  for  the  United  States, 


t 

: 


n 


Copy  of  a  letter  from  George  PearkeSy  Esq. ,  crown  solicitor  and  attorney, 
to  Governor  Douglas,  dated  Saturday  morning ,  October  10,  1858. 

Sir  :  The  undersigned  has  the  honor  to  acknowledge  the  receipt  of 
your  communication  of  the  8th  instant,  accompanied  by  a  communi- 
cation of  Mr.  Nugent,  special  agent  of  the  United  States. 

To  the  question  propounded  by  your  excellency  as  to  the  constitu- 
tional power  of  the  executive  to  cause  counsel  from  among  the  mem- 
bers of  the  American  bar  resident  at  Victoria  to  persons  accused  of 
crime  and  awaiting  trial  in  the  courts  of  this  colony,  it  is  submitted : 

First.  The  organization  of  the  judiciary  is  separate  and  distinct 
from  that  of  the  executive,  and  the  appointment  of  any  officer  to 
discharge  functions  pertaining  to  the  judiciary  not  specified  by  law 
would  be  an  encroachment  on  the  part  of  the  executive. 

Second.  Barristers,  attorneys^  and  solicitors,  are  made  by  law  offi- 
cers of  the  judiciary,  having  rights  and  privileges  incident  to  such 
office,  and  amenable  and  punishable  for  misconduct  after  call  and 
during  enrollment. 

Third.  By  act  of  parliament  and  order  in  council  organizing  the 
judiciary  of  this  colony  it  is  expressly  provided  that  the  chief  justice 
shall  make  rules  for  the  admission  of  barristers,  attorneys,  and  solic- 
itors, to  practice  in  the  respective  courts  of  this  colony. 

The  order  referred  to  gives  no  authority,  even  to  the  judiciary,  to 
make  assignment  of  counsel  to  the  members  of  the  bar  of  a  foreign 
State,  but  expressly  prohibits  the  appearance  of  any  other  person  to 
act  in  that  capacity,  save  those  so  enumerated. 

Until  recently,  prisoners  charged  with  felony  were  not  allowed  to 
make  their  defence  by  counsel,  and  this  not  until  the  6th  and  7th  of 


I 


lA. 


TORI  A, 

r  14,  1858. 

ad  tho  honor 
)  8th  instant, 
nation  a  copy 
Vancouver's 
in  the  execu- 
Vmerican  fmr 
f  offences  and 

ic  courts  have 
live  asflistanoe 
he  willing  to 


SDGE, 
Secretary. 


VANC0UVEB8    ISLAND   AND   KRITI8II   COLITMIUA. 


23 


r  and  attorney, 
r  10,  1858. 

the  receipt  of 
y  a  coramuni- 
i. 

)  the  constitu- 
ong  the  mem- 
>ns  accused  of 
is  suhmitted : 

and  distinct 
any  officer  to 
ecified  by  law 

e  by  law  offi- 
ident  to  such 
after  call  and 

rganizing  the 
le  chief  justice 
Bys,  and  8.olic- 

}  judiciary,  to 
ir  of  a  foreign 
;her  person  ta 

lot  allowed  to 
)th  and  7th  of 


William  tho  Fourth,  when  hv  Hpecial  statute  they  wcjri'  permitted 
counsel  learned  in  the  law,  or  by  attorneys  in  the  courts  where  attor- 
ney n  practice  as  counsel. 

It  therefore  follows  that  no  power  to  assign  counsel  is  vested  in  the 
executive. 
I  have  the  honor  to  be  your  excellency's  obedient  servant, 

GEORGE  PEARKES, 
Crown  Soltcitor  and  Attorney. 


Hotel  t»e  France, 
Fictorta,  Vancouver's  Island,  November  3,  1858. 

Sir:  Indisposition  and  absence  from  town  have  caused  your  note  of 
the  14th  ultimo  to  remain  unanswered  until  now. 

I  am  therein  advised  that  your  excellency  finds  it  impossible  to 
interpose,  in  accordance  with  the  request  contained  in  my  note  of  the 
6th  ultimo,  to  cause  counsel  to  be  assigned  from  among  the  American 
members  of  the  bar,  resident  in  the  colony,  to  American  citizens 
accused  of  crime,  iu  the  absence  of  British  subjects  authorized  to  practice 
in  the  colonial  courts.  A  former  note  had  assured  me  of  your  dispo- 
sition to  accord  to  the  request  your  most  favorable  consideration. 
That  the  subject  would  receive  such  favorable  consideration  I  had 
every  r(ason  to  expect.  The  plain  dictates  of  humanity  and  justice 
should  forbid  that  the  lives  and  liberties  of  people  of  any  nationality 
should  be  jeoparded,  simply  out  of  deference  to  the  forms  of  a  crude 
forensic  etiquette.  Still  more  was  I  justified  in  hoping  that  these 
forms  would  be  set  aside,  when  their  observance  would  operate  most 
harshly  and  unjustly  against  citizens  of  a  power  on  terms  of  peace 
and  amity  with  the  nation  whose  government  you  serve,  and  at  a  time 
when  the  bonds  of  friendship  which  happily  subsist  between  the  two 
countries  are  being  strengthened  and  drawn  closer  day  by  day. 

I  need  not  say  that  I  am  greatly  disappointed  at  the  coc elusion  at 
which  your  excellency  has  arrived.  The  consequence  of  that  conclusion 
will  be  that  American  citizens  accused  of  crime  in  these  colonies  will 
be,  as  some  have  already  been,  forced  to  trial  without  benefit  of  counsel, 
ignorant  as  they  may  be  of  the  law,  unadvised  as  to  their  rights,  unac- 
quainted with  the  rules  of  evidence  or  the  regulations  of  the  courts, 
and  denied  all  those  facilities  for  proving  their  innocence  that  in 
every  well  regulated  government  are  aflForded  to  those  unfortunates 
who  find  themselves  in  antagonism  to  the  law.  But  it  is  not  for  its 
grave  injustice,  nor  for  the  manifold  hardships  it  will  work,  that  such 
a  course  is  alone  to  be  deplored.  It  will  niturally  prove  a  pregnant 
and  oft-recurring  source  of  irritation  and  ill  feeling  to  the  Americans 
residing  in  these  colonies.  It  will  force  them  to  contrast  the  treatment 
of  their  countrymen  here  with  the  treatment  of  British  subjects  in 
the  United  States.  They  know  that  there,  no  foreigner,  however 
friendless  or  lo\«ly  he  may  be,  how  atrocious  soever  the  crime  of  which 
hQ  stands  accused,  is  put  upon  his  trial  without  counsel  to  represent 
him  ;  and  that  when  he  is  too  poor  to  command  the  services  oi'  the 


f 


m 


VANCOUVER  S  ISLAND   AND   BRITISH   COLUMBIA. 


1 

1 

1 ; 

i! 
i  i'  • 

'1 

III 

*           1 

Hi! 


bar,  the  court  takes  merciful  cognizance  of  his  condition  and  assigns 
counsel  for  his  defence.  It  is  needless  to  say  that  a  comparison  so 
little  to  the  advantage  of  British  colonial  justice  and  its  administra- 
tion will  have  a  tendency  to  defeat  what  I  am  ngt  permitted  to  doubt 
is  the  wish  of  the  British  government,  as  it  is  that  of  the  government 
of  the  United  States,  to  promote  and  foster  feelings  of  cordial  good 
will  between  American  citizens  sojourning  in  these  colonies  and  the 
subjects  of  her  Britannic  Majesty. 

I  regret  that  your  excellency  should  have  taxed  the  legal  erudition 
of  the  crown  solicitor  in  reference  to  what  is,  after  all  a  matter  of 
simple  justice.  It  needed  not  that  functionary's  learned  opinion  to 
prove  that  the  judiciary  should  be  independent  of  the  executive.  But 
in  a  colony  where,  if  I  may  without  invidiousness  say  so,  there  is 
observable  so  extriordinary  a  confusion  of  jurisdictions,  in  its  fiscal, 
executive,  and  judicial  departments,  and  where  there  have  been  so 
many  departures  from  law,  involving  a  most  material  sacrifice  of  the 
rights  of  American  citizens,  it  was  not  unreasonable  to  indulge  the 
hope  that  your  excellency,  to  prevent  great  wrong  and  injustice,  and 
for  the  conservation  of  harmony  and  kind  feeling,  would  have  favored 
not  a  violation  of  law,  but  an  immaterial  deviation  from  the  rules  of 
an  imperfectly  organized  court. 

Disappointed  in  this  hope,  I  have  but  to  request  that  your  excel- 
lency will  afford  me  facilities  for  obtaining  the  names  of  those  Ameri- 
can citizens  accused  of  crime  in  the  colonies  of  Vancouver's  Island  and 
British  Columbia,  within  the  last  six  months,  who  have  been  forced 
to  trial  without  counsel  to  represent  them,  and  have  been  convicted, 
that  I  may  be  enabled  to  present  their  case  to  the  government  of  the 
United  States  for  its  action. 

I  have  the  honor  to  be  your  excellency's  obedient  servant, 

JOHN  NUGENT, 
Special  Agent  of  the  United  States. 

His  Excellency  Governor  Douglas. 

P.  S. — The  last  two  notes  received  from  your  excellency  were  signed 
by  your  secretary,  I  presume,  through  inadvertence.  I  beg  to  call 
your  attention  to  this  mistake,  in  order  to  prevent  its  recurrence. 


'  Victoria,  Vancouver's  Island, 

November  9,  1858. 

Sir:  lam  desired  by  hia  excellency  the  governor  to  acknowledge 
the  receipt  of  your  letter  of  the  3d  instant,  and  to  express  his  regret 
at  your  late  indisposition  and  his  sincere  hope  that  your  health  is  now 
restored. 

His  excellency  wishes  to  impress  upon  you  that,  with  every  wish  to 
accommodate  American  citizens  resident  in  this  colony  and  in  British 
Columbia,  and  to  extend  to  them  every  privilege  consistent  with 
British  law,  as  is  proved  by  the  very  liberal  treatment  which  they 
have  hitherto  received,  he  finds  himself  constrained  to  adhere  to  the 
conclusion  already  communicated  to  you  respecting  the  assigning  of 


A. 


VANCOUVER  8  ISLAND   AND   BRIIISH  COLUMBIA. 


25 


and  asBigns 
omparison  so 
I  administra- 
tted  to  doubt 
5  government 

cordial  good 
tnies  and  the 

gal  erudition 
I  a  matter  of 
}d  opinion  to 
(cutive.  But 
J  so,  there  is 
,  in  its  fiscal, 
have  been  so 
icrifice  of  the 
)  indulge  the 
injustice,  and 
have  favored 
Q  the  rules  of 

it  your  excel- 
those  Ameri- 
r's  Island  and 
e  been  forced 
en  convicted, 
nment  of  the 

ant, 

lENT, 
ited  States. 


y  were  signed 
I  beg  to  call 
Durrence. 


[SLAND, 

>er  9,  1858. 

acknowledge 
•ess  his  regret 
health  is  now 

every  wish  to 
md  in  British 
>nsistent  with 
it  which  they 
adhere  to  the 
e  assigning  of 


counsel  from  among  the  American  members  of  the  bar  resident  in  the 
colony  to  American  citizens  accused  of  crime. 

If  there  were  no  other  reasons  for  limiting  the  practice  in  the  courts 
of  law  to  members  of  the  bar  who  are  British  subjects,  duly  qualified 
for  the  privilege  in  conformity  with  the  general  custom  of  all  nations, 
than  that  the  act  which  established  the  judiciary  of  the  colony  has  de- 
termined the  special  classes  of  lawyers  who  are  competent  to  practice 
at  the  bar,  his  excellency  conceives  the  question  is  thereby  placed 
beyond  the  control  of  the  executive. 

For  your  more  particular  information  upon  this  point,  I  have  the 
honor  to  enclose  a  copy  of  such  of  the  rules  of  court  as  bear  upon  the 
subject. 

The  power  to  admit  persons  eligible  to  practice  in  terms  of  these 
rules  is  given  to  the  chief  justice. 

His  excellency  is  convinced  that  you  labor  under  misapprehension 
if  you  suppose,  as  one  portion  of  your  letter  would  seem  to  indicate, 
that  the  lives  and  liberties  of  people  of  any  nationality  are  put  in 
jeopardy  out  of  deference  to  what  you  are  pleased  to  term  a  crude 
forensic  etiquette  ;  or  that  American  citizens  accused  of  crime  in  these 
colonies  will  be  or  have  already  been  forced  to  trial  without  benefit 
of  counsel  and  unadvised  as  to  their  rights. 

As  you  justly  observe,  the  plain  dictates  of  humanity  forbid,  and 
the  humane  and  liberal  practice  of  the  courts  very  carefully  prevent, 
the  possibility  of  any  such  deplorable  consequences. 

With  the  view  of  satisfying  you  upon  this  matter,  his  excellency 
would  explain  :  That  all  persons  accused  of  crimes  are  tried  by  jury 
trial ;  that  the  magistrates  who  are  commissioned  to  preside  at  such 
trials  are  gentlemen  well  known  in  the  community  for  the  respecta- 
bility and  humanity  of  their  characters,  and  whose  sentences  are  cer- 
tainly not  tinctured  with  severity  ;  that  on  all  criminal  trials  the 
accused  are  allowed  every  reasonable  facility  for  proving  their  inno- 
cence ;  that  they  are  not  only  permitted  but  invited  to  have  profes- 
sional counsel  or  private  friends  of  their  own  selection,  without  regard 
to  nationality,  to  advise  and  assist  them  before  and  at  their  trials  ; 
that  the  only  restriction  of  professional  counsel's  privileges  is  that  of 
pleading;  that  this  prohibition  extends  to  British  subjects  equally 
with  the  citizens  and  subjects  of  all  other  nationalities,  by  reason  of 
there  not  being,  at  the  present  moment,  legal  practitioners  in  the 
colonies  eligible  to  practice  in  the  courts — an  inconvenience  only  tem- 
porary ;  and  that  for  the  same  reason  the  crown,  as  prosecutor,  is 
debarred  the  privilege  of  counsel  to  plead  against  the  accused. 

You  will  thus  see  that  American  citizens  accused  of  crimes  are 
treated  exactly  similar  to  the  subjects  of  her  Majesty. 

The  gravity  of  those  allegations  made  by  you  caused  his  excellency 
so  much  concern  that,  in  addition  to  other  investigations  to  ascertain 
th{B  truth,  he  applied  to  one  of  the  magistrates  before  spoken  of  for 
exact  information,  and  received  an  answer,  of  which  a  copy  is  enclosed 
for  your  information. 

His  excellency  feels  confident  that  on  your  being  informed  of  this 
liberal  and  humane  practice  of  the  criminal  courts,  rendered  necessary 
by  the  present  unlooked-for  circumstances  of  the  country  as  an  un- 


f 


26 


Vancouver's  island  and  British  Columbia. 


avoidable  temporary  expedient,  you  will  readily  perceive  and  admit 
that  the  contrast  which  you  have  drawn  between  the  treatment  re- 
ceived by  American  citizens  residing  in  these  colonies  and  that 
received  by  British  subjects  in  the  United  8tates  is  not  grounded  on 
facts. 

His  excellency  is  constrained  to  give  a  positive  denial  to  your  alle- 
gation made  in  another  part  of  your  letter,  that  "  there  have  been 
many  departures  from  law,  involving  a  most  material  sacrifice  of  the 
interests  of  American  citizens." 

No  such  irregularities  have  occurred,  nor  is  his  excellency  aware 
of  any  such  consequences  as  you  assert  having  accrued  from  a  de- 
parture from  law  in  any  care ;  nnd  he  is  at  a  loss  to  conceive  to  what 
yon  can  allude  by  this  general  assertion. 

His  excellency  is  confident  that  you  cannot  allude  to  the  effects  of 
decisions  of  the  tribunal  in  civil  cases  ;  for  it  appears  that  of  the  total 
number  of  suitors  in  the  "  Supreme  Court  of  CivilJustice"  during 
the  last  few  months,  a  large  majority  has  been  American  citizens — a 
conclusive  proof  that  their  interests  have  not  been  sacrificed  by  **  many 
departures  from  law,"  or  they  would  not  continue  to  invoke  justice 
before  this  tribunal. 

In  answer  to  your  request  that  his  excellency  will  aflfDrd  you  facili- 
ties for  obtaining  the  names  of  those  American  citizens  accused  of 
crime  in  the  colonies  of  Vancouver's  Island  and  British  Columbia 
within  the  last  six  months,  who  have  been  forced  to  trial  without 
counsel  to  represent  them^  and  have  been  convicted,  I  am  to  inform 
you  that  it  will  at  all  times  afford  his  excellency  great  pleasure  to 
supply  you  with  all  useful  information  in  his  power,  and  to  afford  you 
every  possible  facility  for  collecting  such  whenever  accessible;  but  that, 
as  no  such  cases  as  those  mentioned  in  the  category  you  have  framed 
have  occurred  in  this  or  in  the  sister  colony,  his  excellency  finds  it 
impossible  to  comply  with  your  present  request. 

On  this  part  of  the  subject  his  excellency  desires  to  add  that  no 
distinction  of  nationality  has  been  made  in  the  cases  of  persons  tried 
for  crimes  committed  against  the  laws  of  Great  Britain  in  these  colo- 
nies, and  that  all  such  persons  have  been  fairly  and  impartially  tried, 
with  all  the  advantages  extended  to  British  subjects,  and  for  this 
reason  he  fears  it  would  be  impossible  to  ascertain  with  any  accuracy 
the  nationality  of  all  the  persons  who  have  been  **  accused  of  crime 
and  convicted,"  and  assuredly  no  return  of  American  citizens  *'  who 
have  been  forced  to  trial  without  counsel,  &c.,"  could  be  obtained,  for 
the  reason  that  no  such  cases  occurred  ;  a  fact  of  which  the  details  of 
the  criminal  practice  already  herein  given  will  satisfy  you. 

His  excellency  desires  me  to  inform  you  that  the  two  last  letters 
which  he  had  the  honor  to  address  to  you  by  his  private  secretary, 
alluded  to  in  the  postscript  to  your  letter,  were  not  signed  by  the 
secretary  by  inadvertence,  as  you  presume  ;  that  the  usual  medium  of 
official  communications  is  the  colonial  secretary,  and  in  the  absence  of 
that  functionary  the  governor's  private  secretary  was  deputed  to  sign 
the  letters  referred  to  in  behalf  of  his  excellency  ;  a  course  which  was 
not  adopted  from  any  disrespect  to  you,  but  in  conformity  with  diplo- 
matic usage,  and  in  which  sense  his  excellency  begs  you  will  accept 


lA. 


Vancouver's  island  and  British  Columbia. 


27 


e  and  admit 
!;reatment  re- 
ies  and  that 
grounded  on 

to  your  alle- 
sre  have  been 
icrifice  of  the 

ellency  aware 
d  from  a  de- 
iceive  to  what 

the  effects  of 
at  of  the  total 
atice"  during 
an  citizens — a 
iedby  "many 
invoke  justice 

3rd  you  facili- 
ens  accused  of 
ish  Columbia 
►  trial  without 
am  to  inform 
Eit  pleasure  to 
i  to  afford  you 
iible;  but  that, 
1  have  framed 
sUency  finds  it 

9  add  that  no 
f  persons  tried 
I  in  these  colo- 
partially  tried, 
8,  and  for  this 
I  any  accuracy 
cused  of  crime 
citizens  "  who 
je  obtained,  for 
I  the  details  of 

jTOU. 

wo  last  letters 
ivate  secretary, 
signed  by  the 
!ual  medium  of 
1  the  absence  of 
leputed  to  sign 
irse  which  was 
aity  withdiplo- 
j^ou  will  accept 


these  and  any  future  official  communications  which  he  may  have  the 
honor  of  making  to  you  in  that  manner. 
I  have  the  honor  to  be  sir,  your  most  obedient  servant, 

RICHARD  GOLLEDGE, 

Secretary, 


JtvUes  of  the  Supreme  Court  of  civil  justice  of  the  colony  of  Vancouver's 
Island,  respecting  the  admission  of  practitioners. 

There  shall  be  enrolled  in  the  court,  to  practice  therein  as  bar- 
risters, such  persons  only  as  shall  have  been  admitted  as  barristers  in 
England  or  Ireland,  or  advocates  of  the  court  of  sessions  of  Scotland, 
or  to  the  degree  of  doctor  of  civil  law  at  the  University  of  Oxford, 
Cambridge,  or  Dublin. 

There  shall  be  enrolled  in  the  court,  to  practice  therein  as  solicitors, 
such  persons  only  as  have  been  admitted  to  practice  as  attorneys  or 
solicitors  of  any  of  the  courts  of  record  at  Westminster  or  Dublin,  or 
being  proctors  admitted  to  practice  in  any  ecclesiastical  court  in 
England  or  Ireland,  or  being  writers  to  the  signet  in  Scotland. 

Nothing  contained  in  any  of  the  rules  shall  be  construed  to  pre- 
vent suitors  from  appearing  and  acting  for  themselves,  if  they  shall 
so  think  fit. 


Copy  of  a  letter  frorn  Augustus  Pembcrton,  Esq.,  Justice  of  the  Peace, 
Commissioner  cf  Police,  (f:c.,  to  Governor  Douglas. 

Victoria,  Vancouver's  Island, 
November  8,  1858. 

Sir  :  In  reply  to  your  excellency's  communication  of  this  morning, 
referring  to  certain  allegations  contained  in  a  letter  addressed  to 
you  by  John  Nugent,  esq.,  special  agent  for  the  United  States  of 
America,  in  which  he  requests  that  your  excellency  will  afford  him 
facilities  for  obtaining  the  names  of  those  American  citizens  accused  ot 
crime  in  the  colonies  of  Vancouver's  Island  and  British  Columbia 
within  the  last  six  months,  who  have  been  forced  to  trial  without 
counsel  to  represent  them,  and  have  been  convicted,  I  beg  leave  to 
state  that  I  am  not  aware  of  any  such  case,  the  uniform  practice  being 
to  allow  all  criminals,  of  whatever  nation,  the  assistance  of  friends  and 
advisers  whether  legal  or  otherwise,  to  aid  them  in  their  defence. 

The  only  instance  in  which  a  crown  solicitor  has  been  employed  to 
conduct  a  prosecution  in  court  is  that  of  William  Hurley,  a  colored 
man,  not  an  American  citizen,  who  was  indicted  for  shooting  at 
George  P.  Heap,  with  intent  to  do  some  grievous  bodily  harm.  Heap 
is  an  American  citizen.  Hurley  was  assisted  by  a  Mr.  Davis  who 
was  allowed  to  visit  the  accused  in  prison,  and  to  stand  by  his  side  in 
court,  to  challenge  the  jury,  and  to  advise  what  cross-questions  should 
be  put  to  the  witnesses,  and  what  defence  should  be  taken.    But  aa 


I 


iiii 


28 


Vancouver's  island  and  British  colubibta. 


! 


,1  |i 


Mr.  Davis  was  not  competent  to  plead  in  courts  the  crown  solicitor 
refrained  from  addressing  the  jury. 

The  court  which  presided  on  this  occnsion  was  held  under  a  special 
commission  issued  by  your  excellency  to  three  justices  of  the  peace,  of 
whom  I  was  one. 

For  my  own  part,  I  most  solemnly  declare  that  I  make  no  distinc- 
tion, nor  any  inquiry,  as  the  nationality  of  persons  charged  with 
committing  offences  against  the  laws.  I  deal  with  each  case  according 
to  its  own  peculiar  merits ;  and  the  maintenance  of  peace  and  order 
during  a  time  of  great  excitement  has  been  a  subject  of  congratula- 
tion ;  in  proof  of  which  I  take  the  following  extract  from  the  **  Vic- 
toria Gazette,"  N^ovember  2, 1858,  the  editor  of  which  is  an  American: 

'*  The  order  that  has  been  maintained  here,  under  circumstance  of 

frave  forebodings,  aggravated  by  the  numerical  weakness  of  those 
irectly  pledged  to  sustain  the  law,  cannot  but  have  a  decided  tendency 
to  inspire  that  confidence  upon  which  is  dependent  the  character  of 
our  future  population." 

I  have  the  honor  to  remain  your  excellency's  most  obedient  humble 
servant, 

AUGUSTUS  TEMBERTON.  J,  P, 
His  Excellency  James  Douglas,  Esq., 

Governor  of  Vancouver's  Island  and  British  Columbia, 

Note — I  would  remark  that  the  facts  here  denied  are  notorious 
to  everybody  in  Victoria.  While  Governor  Douglas  was  still  holding 
my  application  under  advisement,  the  men  were  put  upon  their  trial, 
convicted,  with  one  exception,  and  sentenced,  some  of  them  to  trans- 
portation, notwithstanding  that  Mr.  Labatt,  an  American  citizen, 
arose  in  court  and  requested  a  postponement  of  the  trials  even  for  a 
day  until  the  will  of  the  governor  could  be  known.  What  Governor 
Douglas  dwells  upon  as  an  act  of  liberality,  permitting  counsel  or 
friends  to  confer  with  the  accused  in  prison,  was  simply  their  legal 
right ;  but  the  truth  is,  they  did  not  enjoy  even  this  right.  They 
had  no  legal  advice  whatever. 

JOHN  NUGENT. 


Mr.  Nugent  to  Governor  Douglas. 

Hotel  db  France,  Victoria, 
Vancouver's  Island,  November  12,  1858. 

Sir  :  In  my  note  of  third  of  the  present  month,  I  had  the  honor  to 
call  your  attention  to  what  I  conceived  to  be  a  mistake  made  by  your 
secretary  in  signing  your  two  communications  of  the  8th  and  13th 
ultimo,  respectively,  with  his  own  name.  In  a  verbal  conversation  had 
with  your  excellency  on  the  day  on  which  your  last  note  was  dated, 
I  intimated  that  I  could  not  receive  communications  on  matters  con- 
nected with  my  agency  through  the  medium  of  your  private  secretary, 
that  gentleman  being  to  me  officially  unknown.  Since  then,  I  have 
received  another  note  dated  November  9,  1858,  doubtless  dictated  by 
your  excellency,  but  signed  in  the  same  way  as  the  two  preceding. 


k. 


VANCOUVER  S  ISLAND   AND  BRITISH   COLUMBIA. 


29 


wn  solicitor 

ler  a  special 
the  peace,  of 

)  no  distinc- 
harged  with, 
se  according 
e  and  order 

congratula- 
ithe  «'Vic- 
^n  American: 
oumstance  of 
less  of  those 
ded  tendency 

character  of 

lient  humble 
ON.  J.  P, 

nbia, 

ire  notorious 
still  holding 
>n  their  trial, 
lem  to  trans- 
ican  citizen, 
ils  even  for  a 
lat  Governor 
g  counsel  or 
[j  their  legal 
right.    They 

NUGENT. 


Not  having  been  made  aware  by  my  government  of  any  circumstance 
giving  your  excellency  the  prerogative  of  corresponding  with  me  at 
second  hand,  and  only  through  a  third  party,  I  regret  to  inform  you 
that  1  cannot  take  notice  of  the  contents  of  your  communication  of 
the  9th  instant ;  and  further,  that  all  written  correspondence  must 
cease  between  us  with  this  note.  I  am  urged  to  this  step  by  a  sense  of 
duty  alone ;  and  although  I  would  be  undoubtedly  justified  by  the 
rules  of  that  diplomatic  etiquette  to  which  you  appeal,  in  returning 
your  last  communication,  I  refrain  from  so  doing,  because  it  is  my 
desire  to  avoid  all  appearance  of  harshness  or  unkindness ;  because  I 
am  willing  to  attribute  your  excellency's  course  to  a  want  of  conver- 
sancy  with  such  matters^  rather  than  to  uncivil  intention  ;  and  because, 
in  obedience  to  the  spirit  of  my  instructions,  I  am  anxious  to  main- 
tain, to  the  end,  the  amicable  relations  that  have  hitherto  subsisted 
between  yo*  ;r  excellency  and  myself. 

Lest  my  official  duties  should  not  afford  me  leisure  to  call  for  the 
purpose  of  paying  my  respects  to  your  excellency  previous  to  my  de- 
parture, I  avail  myself  of  this  occasion  to  bid  you  farewell. 

I  have  the  honor  to  be  your  obedient  servant, 

JOHN  NUGENT, 
Special  Agent  of  the  United  States. 

His  Excellency  Governor  Douglas. 


San  Francisco,  December  22,  1858. 

Sir  :  Enclosed  please  find  copy  of  a  letter  addressed  to  us  by  Captain 
W.  L.  Dall,  which  furnishes  statement  of  the  number  of  passengers 
transported  from  Victoria  to  San  Francisco,  by  your  request. 

We  trust  you  may  succeed  in  getting  a  bill  through  Congress  which 
will  remunerate  the  company  for  the  service. 
We  are,  respectfully, 

FORBES  &  BABCOCK,  Agents. 
HoL.  John  Nugent, 

United  States  Commissioner y  c&.,  (fee,  Wasldngton. 


l^ICTORIA, 

r  12,  1858. 

the  honor  to 
made  by  your 
8th  and  13th 
versation  had 
te  was  dated, 

matters  con- 
rate  secretary, 
)  then,  I  have 
ss  dictated  by 

preceding. 


San  Francisco,  December  22,  1858. 

Gentlemen:  The  Hon.  John  Nugent,  United  States  Commissioner 
to  British  Columbia,  went  passenger  with  me  from  San  Francisco  to 
Victoria,  and  on  the  passage  up  suggested  that  he  might  find  some 
Americans  in  destitute  circumstances,  wishing  to  return  to  their 
homes  in  the  United  States,  and  desired  permission  to  furnish  passage 
to  such  as  were  destitute,  that  they  might  be  able  to  reach  San  Fran- 
cisco ;  at  the  same  time  he  wished  it  understood  that  he  had  no 
authority  from  the  federal  government  to  make  any  contract  for  trans- 


30 


Vancouver's  island  and  British  Columbia. 


■I! 


11  it  J    /■• 
1  I     I     fv 


'a ! ;  u 


portation,  but  promised  he  would  notify  the  State  Department  of  what 
had  been  done  by  the  Pacific  Mail  Steamship  Company  in  the  way  of 
transportation,  and  exert  his  influence  to  have  the  service  properly 
paid  for. 

As  I  had  your  consent  to  make  some  arrangement  of  this  kind,  I 
told  him  his  written  request  to  our  agent  at  Victoria,  or  myself,  would 
entitle  the  bearer  to  a  steerage  passage.  Neither  Mr.  Nugent  or 
myself  ever  supposed  there  would  be  occasion  to  extend  this  privilege 
to  many. 

The  Northerner,  in  October,  brought  down  ten  passengers,  and  the 
Panama,  November  2,  seventy-four,  and  Panama,  November  22, 
forty-one,  making  in  all  one  hundred  and  twenty-five  passengers 
furnished  transportation,  which,  at  twenty  dollars  each,  the  usual 
price,  amounts  to  twenty-five  hundred  dollars. 

The  persons  thus  relieved  were  in  very  destitute  circumstances,  and, 
really,  had  not  some  way  been  found  to  enable  them  to  return  to  their 
homes,  I  do  not  know  where  they  would  have  found  food  or  shelter. 
Yours,  respectfully, 

WILLIAM  L.  DALL. 

Messrs.  Forbes  &  Babcock, 

Agents  Pacific  Mail  Steamship  Company. 

I  certify  that  the  number  of  passengers  above  mentioned,  one  hun- 
dred and  twenty-five,  were  brought  down  from  Victoria  to  San  Fran- 
cisco, free  of  charge,  on  board  the  Pacific  Mail  Steamship  Company's 
steamers,  at  my  request ;  and  that  the  usual  rate  of  steerage  passage, 
during  October  and  November,  1858,  was  twenty  dollars. 

JOHN  NUGENT, 
Special  Agent  of  the  United  States. 

Washinqton,  D.  C,  January  24,  1858. 


642)^4 


U 


40 


»IBIA. 

irtment  of  what  i 
y  in  the  way  of  * 
lervice  properly 

of  this  kind,  I 
r  myself,  would 
Mr.  Nugent  or 
d  this  privilege 

lengers,  and  the 

November  22, 

five   passengers 

jach,  the  usual 

amstances,  and, 
►  return  to  their 
food  or  shelter. 

[  L.  DALL. 


oned,  one  hun- 
ia  to  San  Fran- 
hip  Company's 
eerage  passage, 
irs. 

JGENT, 
United  States. 


